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Title : Drug Patents Together With Pay-For-Delay--Drug Manufacture Payoffs That Take Away To End
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Drug Patents Together With Pay-For-Delay--Drug Manufacture Payoffs That Take Away To End

I telephone weep upwardly your attending to a recent op-ed yesteryear a fellow member of the Federal Trade Commission, Jon Leibowitz, inwards the Washington Post.

Commissioner Leibowitz writes well-nigh the growing practise of "colluding amongst competitors to give-up the ghost along lower-cost generic alternatives to prescription drugs off the market."

The Hatch-Waxman Act made it easier for generic drugs to function inwards the marketplace in 1 trial a name build drug's patent has expired. Because of it, the health assist system has saved many billions of dollars. For example, the generic versions of simply 4 drugs, Prozac, Zantac, Taxol, in addition to Platinol, volition ultimately relieve payers $9 billion.

But that has been changing.

More recently, the patent belongings drug companies pick out begun to reward their potential competitors to delay bringing a generic option to marketplace when the patent has expired. Influenza A virus subtype H5N1 instance inwards holler for is drug maker Cephalon in addition to its slumber apnea in addition to narcolepsy drug, Provigil.

Cephalon paid its potential competitors $200 1000000 to give-up the ghost along a generic version off the marketplace for simply about other 7 years. By Cephalon's ain guess that volition build the fellowship simply about other $4 billion--and $4 billion to a greater extent than inwards costs to health assist payers.

The courts pick out latterly supported this practice. As a result, during 2006, fourteen of 28 pharmaceutical patent settlements included such arrangements. While this may soundless give-up the ghost to the Supreme Court, at that spot is a pecker pending inwards the Congress to build the practise illegal.

Something every bit egregious every bit this deserves to move outlawed.

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