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Thread: Bigger and more important than Hollinsworth etc ... FTC v. Actavis is where it's at!

  1. #1

    Bigger and more important than Hollinsworth etc ... FTC v. Actavis is where it's at!

    The Supreme Court of the US heard a case this week that will affect millions of Americans, and it has nothing to do with homosexuality or race. And no one has heard of it...

  2. #2
    Federal Trade Commission v. Actavis is a case on patent law and the intersection with anti-trust and anti-competitive behavior. And it directly ratchets up the costs of drugs for millions of Americans. In 2010, nearly HALF of all Americans had taken a prescription drug in the preceding 10 months. Do the math.

  3. #3
    But to understand the case, you need to understand the Hatch Waxman Act. The Act is actually kind of brilliant. Let's say Company A has created and patented revolutionary drug A. Generic company B wants to sell, you guessed it, a generic version of Drug A, however, it can't touch the thing until the 20 year patent has expired. BUT, under the Hatch Waxman Act, B has some interesting options. First, it does now have to go through full FDA approval process to get the generic version of Drug A passed. Why would it?

  4. #4
    This certification starts a 45-day period during which the patent holding company, A, can sue B for infringement, as the Act creates a de jure act of infringement out of the certification's filing. What this means is a multi-million dollar suit commences to determine the validity of the Paragraph IV certification's claims. The benefit to Company B is that if they win, they get an 18 month period of time during which no other generic company can market a generic version. That means CASH. Mountains of it.

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