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Perhaps unsurprisingly given the extraordinary focus on drugpricing in the last decade, generic competition—FDA’s only real way to have an effect on drugpricing—tops this year’s list. In the second category—limiting blockades to marketing—are efforts to limit blocking exclusivities and induced infringement liability.
Kirschenbaum — On May 24, Minnesota enacted the Commerce and Consumer Protection Omnibus Bill, Senate File 2744 ( SF 2744 ), which significantly expands the state’s existing drugpricing activities with serious implications for all drug manufacturers, and particularly generic drug manufacturers.
The alleged actions violated the Hatch-Waxman Act, formally known as the “DrugPrice Competition and Patent Term Restoration Act of 1984,” which allows generic manufacturers to market their generic versions of previously approved generic medications. These actions allegedly led to the extension of Novartis’ patents.
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