Beyond Preemption of Generic Drug Claims

2015

Read the full article (PDF) >

Recent research indicates that the current cost of generic medications in the United States is the highest in history. Many patients are no longer able to afford life saving medications that were once affordable only five years ago. Concurrent to the rising prices of generic drugs, pharmaceutical companies have lauded preemption as a necessary and viable solution to combat the increasing prices. Two recent Supreme Court decisions, PLIVA, Inc. v. Mensing and Mutual Pharmaceutical Co. v. Bartlett, have agreed with this logic, and have attempted to pervert the Hatch-Waxman Act, and its corresponding ANDA approval process to shield generic drug manufacturers from liability.

Recent research indicates that the current cost of generic medications in the United States is the highest in history.

+ READ MORE - READ LESS

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Related Publications

November 30, 2022
SCOTUS Term in Review
Ryan Marth and Caitlinrose Fisher - Eight Circuit Fall 2022 Newsletter
November 22, 2022
November 19, 2022
How to Use the USPTO Patent Public Search Tool
Miles Finn, Rajin Olson, Kelson Bain, and Ian LaForge - IPWatchdog
November 15, 2022
Briefly: Behind the Veil of Judicial Recusal
Eric Magnuson - Minnesota Lawyer
Back to Top