A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against
manufacturers of generic drugs.
Manufacturers of generic drugs do not suffer with to absorb or recover these costs.
Now that India, the world's fourth - largest
manufacturer of generic drugs, is poised to make it a crime to copy patented drugs, neighboring countries such as Bangladesh with no such restrictions are lining up to capitalize on world demand for cheap meds, Bill Heinze reports.
Relevant to the matter considered by the SJC, the Drug Price Competition and Patent Term Restoration Act, informally known as the «Hatch - Waxman Act» requires the «
manufacturer of a generic drug [to] provide its users with a warning label that is identical to the label of the brand - name counterpart.»
Not exact matches
These risks and uncertainties include, among others: the unfavorable outcome
of litigation, including so - called «Paragraph IV» litigation and other patent litigation, related to any
of our products or products using our proprietary technologies, which may lead to competition from
generic drug manufacturers; data from clinical trials may be interpreted by the FDA in different ways than we interpret it; the FDA may not agree with our regulatory approval strategies or components
of our filings for our products, including our clinical trial designs, conduct and methodologies and, for ALKS 5461, evidence
of efficacy and adequacy
of bridging to buprenorphine; clinical development activities may not be completed on time or at all; the results
of our clinical development activities may not be positive, or predictive
of real - world results or
of results in subsequent clinical trials; regulatory submissions may not occur or be submitted in a timely manner; the company and its licensees may not be able to continue to successfully commercialize their products; there may be a reduction in payment rate or reimbursement for the company's products or an increase in the company's financial obligations to governmental payers; the FDA or regulatory authorities outside the U.S. may make adverse decisions regarding the company's products; the company's products may prove difficult to manufacture, be precluded from commercialization by the proprietary rights
of third parties, or have unintended side effects, adverse reactions or incidents
of misuse; and those risks and uncertainties described under the heading «Risk Factors» in the company's most recent Annual Report on Form 10 - K and in subsequent filings made by the company with the U.S. Securities and Exchange Commission («SEC»), which are available on the SEC's website at www.sec.gov.
FORTUNE — For Indian
generic -
drug manufacturer Ranbaxy, the past five years have consisted
of an escalating series
of regulatory and legal woes.
The world's largest
drug manufacturer is facing steep competition from a slew
of smaller
generic players, and the recent loss
of patent protection on its major branded
drug, Copaxone, is threatening Teva's profit margins.
According to the GAO report, 71 percent
of all
generic injectable cancer
drugs sold in 2008 were produced by just three
manufacturers, while 91 percent
of the market share
of injectable nutrients and supplements was held by just three pharmaceutical firms.
For a
generic drug manufacturer to get the U.S. Food and Drug Administration's (FDA) stamp of approval, they must prove it is pharmaceutically equal to the name - brand vers
drug manufacturer to get the U.S. Food and
Drug Administration's (FDA) stamp of approval, they must prove it is pharmaceutically equal to the name - brand vers
Drug Administration's (FDA) stamp
of approval, they must prove it is pharmaceutically equal to the name - brand version.
Leave all medications and
drugs in their original, labelled containers with the name
of either the pharmacy that dispensed the medication or the
manufacturer of the medication, and have on hand a copy
of the original prescription, with both the
generic and trade names
of the
drug.
Rather than take on the patent fight directly, the government gave its blessing to two
drugs manufacturers who wanted to make a
generic version
of AZT.
* Eliminate «pay - for - delay» strategies in which a pharmaceutical company with a brand name
drug shares profits on that
drug with a
generic drug manufacturer for the remainder
of a patent period, effectively eliminating a patent challenge and competition.
For example, sofosbuvir's
manufacturer, Gilead Sciences Inc.
of Foster City, California, sells the
drug to Egypt at a discount and allows
generic manufacturers in India to produce and sell in 91 poorer countries.
They visited: Sonny's Enterprises, largest car wash
manufacturer in the United States; City Furniture, one million square foot corporate headquarters and distribution center; Sprout Loud and Rex 3, largest commercial printer in South Florida - high growth internet company; Marine Association
of South Florida (MASF), 7 billion dollar industry in South Florida - Tour
of Roscioli and Water Taxi on New River (view existing working Marinas); Mario Portillo - Actavis (soon to be Teva), largest
generic drug manufacturer in the world; and Broward Health - Cora E. Braynon Family Center, health care professions.
CVS has also engaged in a joint venture with
drug distributor Cardinal Health Inc. to combine their purchases
of generic drugs to extract a larger discount from
manufacturers, which is generating higher margins.
Examples include the 2015 acquisitions
of Cordis (a
manufacturer and distributor
of interventional cardiology devices and endovascular solutions) and Harvard
Drug (a distributor
of generic and over-the-counter
drugs); the 2013 acquisition
of AssuraMed (distributor
of home health care products); and the 2010 acquisitions
of Kinray (distributor to independent pharmacies) and Yong Yu (a leading distributor in China).
That collection belonged to Marvin Schein, a
manufacturer and distributor
of generic drugs and medical products from Long Island who had spent years quietly buying paintings, porcelains and French furniture, many
of them at auction.
On an issue
of first impression, however, the California Court
of Appeals in Conte v. Wyeth, Inc. rejected this traditional view and held that a brand - name
manufacturer's duty to warn extends to patients whose prescriptions are filled with the
generic version
of the
drug.
Following the decision, three other courts adopted this minority position that brand - name
manufacturers can be liable for injuries caused by the
generic version
of their
drug.
In other
generic drug injury news, the U.S. Food and Drug Administration has suggested a new rule that would allow manufacturers of generic meds to independently include new side effect information to the labels of their medicat
drug injury news, the U.S. Food and
Drug Administration has suggested a new rule that would allow manufacturers of generic meds to independently include new side effect information to the labels of their medicat
Drug Administration has suggested a new rule that would allow
manufacturers of generic meds to independently include new side effect information to the labels
of their medication.
In cases involving the Hatch - Waxman Act and issues involving the expiration
of pharmaceutical patents and competition between branded
drug companies and
generic manufacturers, our antitrust litigation graphics can illuminate a complicated industry and a complex regulatory scheme as below:
Pay - for - delay («PFD») agreements are agreements that are intended to delay the market entry
of generic manufacturers with
generic drugs in exchange for payments made by original pharmaceutical producers (i.e., holders
of patents for an original branded
drug).
The Jean Coutu Group were facing several challenges at the time including
drug distribution reform and the purchase
of a Quebec
generic drug manufacturer.
New California Appellate Decision Makes Brand Name
Drug Manufacturers Potentially Liable for Injuries Suffered by Consumers
of Generic Drugs
Paul, Weiss client Nichi - Iko Pharmaceutical Co., Ltd., the largest
generic drug manufacturer in Japan by sales, announced that it has agreed to acquire Sagent Pharmaceuticals, Inc. in an all - cash tender offer followed by a second - step cash merger, for a total consideration
of approximately $ 736 million.
Plaintiff May Sue
Manufacturer of Name - Brand Prescription
Drug for Injury Allegedly Caused by Different Company's
Generic Drug, Indiana Injury Lawyer Blog, February 28, 2013 Federal Statute Preempts State Products Liability Lawsuit Over Asbestos Exposure, According to Supreme Court: Kurns v. Railroad Friction Products Corp., Indiana Injury Lawyer Blog, October 18, 2012
[9] The potential lifelong side effects
of this
drug were not disclosed within the brand - name
manufacturer's nor the mirrored
generic manufacturer's warning label.
[16] The SJC considered innovator liability to require such a modification given the certainty that a user
of a
generic drug will rely on the label fashioned by the brand - name
manufacturer and as state law shields failure to warn claims from
generic manufacturers, leaving plaintiffs without recourse for their injuries.
Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the
generic form
of a
drug may bring failure to warn claims against the brand - name
manufacturer of the
drug if the brand - name defendant acted recklessly by «intentionally fail [ing] to update the label on its
drug while knowing or having reason to know
of an unreasonable risk
of death or grave bodily injury associated with its use.»
Balancing these competing interests, the court held that, «a brand - name
manufacturer that controls the contents
of the label on a
generic drug owes a duty to consumers
of that
generic drug not to act in reckless disregard
of an unreasonable risk
of death or grave bodily injury.»
Mr. Simon also recently represented a
generic brand
drug company in an individual case alleging that the brand name
manufacturer had filed false citizens petitions to delay the entry
of the
generic drug unto the market.
Today, a unanimous Supreme Court has reversed the Federal Circuit's decision and held that a
generic manufacturer may invoke the counterclaim provision to force correction
of a use code that inaccurately claims that a patent covers a particular method
of using a
drug.
At issue is whether the Supreme Court should reinforce its 2011 ruling that protected
generic drug manufacturers from state products liability claims accusing them
of not warning about possibly dangerous side effects.
Represented a
generic manufacturer that obtained a $ 3 million payment as compensation for lost profits during a temporary restraining order that prevented the FDA from approving the client's
generic version
of a popular allergy
drug.
Now, the justices are trying to decide whether
generic drug manufacturers can be sued in state court for design defects - especially when the
generic version is an exact copy
of its brand - name counterpart that the federal government had already approved.
Instead,
generic evidence purportedly showing that the
manufacturer marketed the
drug as having less
of risk
of tardive dyskinesia and other extrapyramidal symptoms than other
drugs was not tied to the prescriber's decisions with plaintiff.
[10] Prior to 2006, the price at which
manufacturers could apply to list
generic drugs in the Formulary was capped by regulations under the Actsat effectively 63 %
of the price
of the brand - name
drug.
Patent holders previously made such claims in order to delay the onset
of competition from
generic drug manufacturers, by preventing or delaying FDA approval of a generic manufacturer's Abbreviated New Drug Application (AN
drug manufacturers, by preventing or delaying FDA approval
of a
generic manufacturer's Abbreviated New
Drug Application (AN
Drug Application (ANDA).
We have represented clients in numerous other congressional investigations and oversight hearings, including a major internet services company in an investigation
of its practices abroad, a chemical
manufacturer in an investigation
of the safety
of its products, an insurance company in a hearing on the federal long term care insurance program, a financial services company in an investigation
of credit card terms, and
drug companies in investigations concerning such matters as payments to doctors, marketing practices,
generic approvals,
drug importation, and
drug safety.
«Any recognition
of an outlier theory
of liability permitting a
generic drug consumer to bring an action against the brand
manufacturer for an injury allegedly arising from the use
of the
generic drug would be plainly at odds with this public policy.»
With
generic drugs, it is not merely foreseeable but certain that the warning label provided by the brand - name
manufacturer will be identical to the warning label provided by the
generic manufacturer, and moreover that it will be relied on, not only by users
of its own product, but also by users
of the
generic product.