番茄社区; Lardner LLP partner David Rosen is quoted across the media for his analysis of the U.S. Supreme Court case Hikma Pharmaceuticals v. Amarin Pharma.
Speaking to Law.com for the article, 鈥,鈥 Rosen commented that the court 鈥渞eached the right decision and avoided a 鈥榗hilling effect鈥 on generic drugmakers entering the market that could have cost American consumers more in out-of-pocket expenses.鈥
鈥淚t鈥檚 a pretty strong victory, a very strong victory for the generics,鈥 he said.
In , Rosen said, 鈥淭he Supreme Court decision affirms the longstanding statutory provision that generic drug companies are able to carve out areas that are protected by patents or periods of market exclusivity from their labeling and not have to file a paragraph IV patent challenge.鈥
Analyzing the decision鈥檚 practical implications, Rosen added, 鈥淕eneric companies will still have to be aware of statements and how they advertise and promote their generic products to avoid claims of inducement of patent infringement.鈥
He further observed, 鈥淭he public will benefit from the earlier availability of high quality, therapeutically equivalent and lower cost generic drugs.鈥
(Some subscriptions required)