In line with the introduction of the patent linkage system in the Pharmaceutical Affairs Act, the amended Patent Act's provision will be added to clarify the basis for patentees of new drugs to bring an infringement lawsuit to court during the process
of generic drug marketing approval.
This may be because of more intense therapy for chronic illness, improved access to medications due to Medicare Part D, and the growth
of the generic drug market.
Not exact matches
For one thing, «There are a lot
of good
drugs on the
market for heart disease right now that come in
generic form,» says Neil Lesser, a principal at Deloitte who specializes in the life sciences, in an interview with Fortune.
The companies have begun to
market their «biosimilar» (a
generic version
of expensive biologic
drugs)
of Remicade — a copycat
of J&J's best - selling rheumatoid arthritis and immunology treatment (which garnered more than $ 5 billion in U.S. sales last year) and was approved by the Food and
Drug Administration (FDA) in April — at a striking 35 % discount to its list price.
The company couldn't say whether its
drug price increases have typically occurred before or after a
generic version launches, but said that once a
generic is available, it would expect to lose so much
market share that it «needs to increase the price to keep production
of the
drug viable.»
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.
These risks and uncertainties include: Gilead's ability to achieve its anticipated full year 2018 financial results; Gilead's ability to sustain growth in revenues for its antiviral and other programs; the risk that private and public payers may be reluctant to provide, or continue to provide, coverage or reimbursement for new products, including Vosevi, Yescarta, Epclusa, Harvoni, Genvoya, Odefsey, Descovy, Biktarvy and Vemlidy ®; austerity measures in European countries that may increase the amount
of discount required on Gilead's products; an increase in discounts, chargebacks and rebates due to ongoing contracts and future negotiations with commercial and government payers; a larger than anticipated shift in payer mix to more highly discounted payer segments and geographic regions and decreases in treatment duration; availability
of funding for state AIDS
Drug Assistance Programs (ADAPs); continued fluctuations in ADAP purchases driven by federal and state grant cycles which may not mirror patient demand and may cause fluctuations in Gilead's earnings; market share and price erosion caused by the introduction of generic versions of Viread and Truvada, an uncertain global macroeconomic environment; and potential amendments to the Affordable Care Act or other government action that could have the effect of lowering prices or reducing the number of insured patients; the possibility of unfavorable results from clinical trials involving investigational compounds; Gilead's ability to initiate clinical trials in its currently anticipated timeframes; the levels of inventory held by wholesalers and retailers which may cause fluctuations in Gilead's earnings; Kite's ability to develop and commercialize cell therapies utilizing the zinc finger nuclease technology platform and realize the benefits of the Sangamo partnership; Gilead's ability to submit new drug applications for new product candidates in the timelines currently anticipated; Gilead's ability to receive regulatory approvals in a timely manner or at all, for new and current products, including Biktarvy; Gilead's ability to successfully commercialize its products, including Biktarvy; the risk that physicians and patients may not see advantages of these products over other therapies and may therefore be reluctant to prescribe the products; Gilead's ability to successfully develop its hematology / oncology and inflammation / respiratory programs; safety and efficacy data from clinical studies may not warrant further development of Gilead's product candidates, including GS - 9620 and Yescarta in combination with Pfizer's utomilumab; Gilead's ability to pay dividends or complete its share repurchase program due to changes in its stock price, corporate or other market conditions; fluctuations in the foreign exchange rate of the U.S. dollar that may cause an unfavorable foreign currency exchange impact on Gilead's future revenues and pre-tax earnings; and other risks identified from time to time in Gilead's reports filed with the U.S. Securities and Exchange Commission (the S
Drug Assistance Programs (ADAPs); continued fluctuations in ADAP purchases driven by federal and state grant cycles which may not mirror patient demand and may cause fluctuations in Gilead's earnings;
market share and price erosion caused by the introduction
of generic versions
of Viread and Truvada, an uncertain global macroeconomic environment; and potential amendments to the Affordable Care Act or other government action that could have the effect
of lowering prices or reducing the number
of insured patients; the possibility
of unfavorable results from clinical trials involving investigational compounds; Gilead's ability to initiate clinical trials in its currently anticipated timeframes; the levels
of inventory held by wholesalers and retailers which may cause fluctuations in Gilead's earnings; Kite's ability to develop and commercialize cell therapies utilizing the zinc finger nuclease technology platform and realize the benefits
of the Sangamo partnership; Gilead's ability to submit new
drug applications for new product candidates in the timelines currently anticipated; Gilead's ability to receive regulatory approvals in a timely manner or at all, for new and current products, including Biktarvy; Gilead's ability to successfully commercialize its products, including Biktarvy; the risk that physicians and patients may not see advantages of these products over other therapies and may therefore be reluctant to prescribe the products; Gilead's ability to successfully develop its hematology / oncology and inflammation / respiratory programs; safety and efficacy data from clinical studies may not warrant further development of Gilead's product candidates, including GS - 9620 and Yescarta in combination with Pfizer's utomilumab; Gilead's ability to pay dividends or complete its share repurchase program due to changes in its stock price, corporate or other market conditions; fluctuations in the foreign exchange rate of the U.S. dollar that may cause an unfavorable foreign currency exchange impact on Gilead's future revenues and pre-tax earnings; and other risks identified from time to time in Gilead's reports filed with the U.S. Securities and Exchange Commission (the S
drug applications for new product candidates in the timelines currently anticipated; Gilead's ability to receive regulatory approvals in a timely manner or at all, for new and current products, including Biktarvy; Gilead's ability to successfully commercialize its products, including Biktarvy; the risk that physicians and patients may not see advantages
of these products over other therapies and may therefore be reluctant to prescribe the products; Gilead's ability to successfully develop its hematology / oncology and inflammation / respiratory programs; safety and efficacy data from clinical studies may not warrant further development
of Gilead's product candidates, including GS - 9620 and Yescarta in combination with Pfizer's utomilumab; Gilead's ability to pay dividends or complete its share repurchase program due to changes in its stock price, corporate or other
market conditions; fluctuations in the foreign exchange rate
of the U.S. dollar that may cause an unfavorable foreign currency exchange impact on Gilead's future revenues and pre-tax earnings; and other risks identified from time to time in Gilead's reports filed with the U.S. Securities and Exchange Commission (the SEC).
FILE PHOTO: A building belonging to
generic drug producer Teva, Israel's largest company with a
market value
of about $ 57 billion, is seen in Jerusalem March 23, 2010.
Deals between pharmaceutical corporations and their
generic drug competitors, which government officials say keep cheaper forms
of medicine off the
market, can sometimes be illegal and therefore can be challenged in court, the Supreme Court said Monday...
WASHINGTON (AP)-- The Supreme Court on Wednesday considered a
drug company's fight to keep a
generic version
of its biotech
drug off the
market for an additional six months that would mean billions more in sales and higher costs to the public.
Teva beats first - quarter expectations but still has the same old problems Copaxone's
market share and new
generic launches helped Teva to forecast - beating profit and revenue but problems persistTeva had to make pricing concessions on its flagship multiple sclerosis
drug Copaxone, and now expects a delay in approval
of a key migraine
drug, fremanezumab.
An Abbreviated New
Drug Submission (ANDS) must be approved by Health Canada, the country's federal department in charge of national health care, under Canada's Food and Drug regulations before the generic drug can be marketed in the coun
Drug Submission (ANDS) must be approved by Health Canada, the country's federal department in charge
of national health care, under Canada's Food and
Drug regulations before the generic drug can be marketed in the coun
Drug regulations before the
generic drug can be marketed in the coun
drug can be
marketed in the country.
Generic drugs are poised to steal
market share as patent protections on a number
of branded
drugs expire.
Zytiga's future is murkier than the other two
drugs because Zytiga's patent protection is expiring later this year and that may lead to the launch
of generic drugs that begin to chip away at its
market share.
Roche's
drug, Valium, has been available on the
market now for regarding forty five many years, and
of course is currently in its
generic variety, Diazepam.
Decreased
market competition causes
generic drug prices to rise significantly, according to an article published in Annals
of Internal Medicine.
After controlling for other factors, a
generic drug in the highest
marketing competition group was expected to see a decrease
of 32 percent in price over the study period, while a
generic drug in the lowest
market competition was expected to see a price increase
of 47 percent over the same period.
Controversial deals that delay
generic versions
of drugs coming onto the
market can lead to consumers paying significantly more for some treatments, according to new research by an academic from the University
of East Anglia.
Meanwhile, on the regulatory front, Dr. Scott Gottlieb, the new commissioner
of the Food and
Drug Administration, has spoken extensively about creating provisions to speed
generic drugs to the
market.
But the growth
of e-commerce has flooded the
market with a wide range
of both brand name and
generic drugs.
A
generic drug maker who wishes to obtain consent from Health Canada to
market a
drug based on the same active ingredient (called a Notice
of Compliance or... [more]
The Patent Act and the PM (NOC) Regulations seek to balance «effective patent enforcement» over new and innovative
drugs with the «timely
market entry»
of lower priced
generic versions once the patents have expired.
• longer periods
of protection
of data exclusivity protection for brand name
drugs to keep
generics off the
market;
Currently, Canada is the only country that allows brand name pharmaceutical companies to sue
generic pharmaceutical companies multiple times on the same patents, adding to the costs and risks
of bringing
generic drug competition to the Canadian
market.
Sandoz and other
generic drug companies filed Abbreviated New Drug Applications seeking approval to market a generic form of the d
drug companies filed Abbreviated New
Drug Applications seeking approval to market a generic form of the d
Drug Applications seeking approval to
market a
generic form
of the
drugdrug.
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).
In practice, it is usually the first approved indication that is free
of exclusivity protection earlier in time and
generics, while submitting
drug applications for an early
market entry, carve out the subsequent indications from the label to avoid potential infringement
of patents which may cover the new approved indications.
This is so because any undertaking active in the pharmaceutical sector is familiar with the fact that preparation for the production
of generic versions
of drugs commences many years before the expiry
of an original patent, and that the expiry itself triggers an intense race in order to be the first to enter the
market.
In the case
of Apotex Inc. v. Eli Lily and Company, 2015 ONCA 305, Eli Lilly and Company and Eli Lilly Canada Inc. («Lilly») had used the process available under the regulatory scheme
of the Patented Medicines (Notice
of Compliance) Regulations, SOR / 93 -133, in order to keep Apotex's
generic counterpart to Strattera (a
drug used in the treatment
of Attention Deficit Hyperactivity Disorder) off the
market.
AstraZeneca's upset stomach: AstraZeneca delayed entry
of generic competitors
of its anti-ulcer
drug and prevented parallel trade by abusing patents and
marketing procedures, the European Court
of Justice held in reducing AstraZeneca's fine slightly, to $ 52.5 million from $ 60 million.
Types
of medications (including the names
of generic and brand
drugs) that have been linked to Stevens - Johnson Syndrome: • Anticonvulsants • Antibiotics • Nonsteroidal anti-inflammatory drugs (OTC and prescription) • Drugs with sulfa • Barbiturates • COX - 2 inhibitors • Ibuprofen • Acetaminophens • Allopurinol • Carbamazepine • Phenytoin • Bextra, which Pfizer removed from the market in 2005 because of the SJS risk it posed to users • Children's Advil or Motrin • Tylenol • Aldactone • Septra • Advil • Motrin • Avelox • Prilosec • Neurontin • Coreg • Feldene • Athrotec • Ceclor • Dilantin • Vioxx • Relafen • Celebrex • Levaquin • Depakote • Zantac • Tegretol • Provigil • Zithromax • Trileptal • Zyloprin • Clinoril • Phenytek Dangerous Drugs Severe drug reactions cause tens of thousands of patient deaths in this country each
drugs) that have been linked to Stevens - Johnson Syndrome: • Anticonvulsants • Antibiotics • Nonsteroidal anti-inflammatory
drugs (OTC and prescription) • Drugs with sulfa • Barbiturates • COX - 2 inhibitors • Ibuprofen • Acetaminophens • Allopurinol • Carbamazepine • Phenytoin • Bextra, which Pfizer removed from the market in 2005 because of the SJS risk it posed to users • Children's Advil or Motrin • Tylenol • Aldactone • Septra • Advil • Motrin • Avelox • Prilosec • Neurontin • Coreg • Feldene • Athrotec • Ceclor • Dilantin • Vioxx • Relafen • Celebrex • Levaquin • Depakote • Zantac • Tegretol • Provigil • Zithromax • Trileptal • Zyloprin • Clinoril • Phenytek Dangerous Drugs Severe drug reactions cause tens of thousands of patient deaths in this country each
drugs (OTC and prescription) •
Drugs with sulfa • Barbiturates • COX - 2 inhibitors • Ibuprofen • Acetaminophens • Allopurinol • Carbamazepine • Phenytoin • Bextra, which Pfizer removed from the market in 2005 because of the SJS risk it posed to users • Children's Advil or Motrin • Tylenol • Aldactone • Septra • Advil • Motrin • Avelox • Prilosec • Neurontin • Coreg • Feldene • Athrotec • Ceclor • Dilantin • Vioxx • Relafen • Celebrex • Levaquin • Depakote • Zantac • Tegretol • Provigil • Zithromax • Trileptal • Zyloprin • Clinoril • Phenytek Dangerous Drugs Severe drug reactions cause tens of thousands of patient deaths in this country each
Drugs with sulfa • Barbiturates • COX - 2 inhibitors • Ibuprofen • Acetaminophens • Allopurinol • Carbamazepine • Phenytoin • Bextra, which Pfizer removed from the
market in 2005 because
of the SJS risk it posed to users • Children's Advil or Motrin • Tylenol • Aldactone • Septra • Advil • Motrin • Avelox • Prilosec • Neurontin • Coreg • Feldene • Athrotec • Ceclor • Dilantin • Vioxx • Relafen • Celebrex • Levaquin • Depakote • Zantac • Tegretol • Provigil • Zithromax • Trileptal • Zyloprin • Clinoril • Phenytek Dangerous
Drugs Severe drug reactions cause tens of thousands of patient deaths in this country each
Drugs Severe
drug reactions cause tens
of thousands
of patient deaths in this country each year.
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.
Teva filed an Abbreviated New
Drug Application seeking
market approval for a
generic form
of Helsinn's product, and Helsinn responded by filing an infringement action asserting all four patents against Teva.
Our pharmaceutical work puts us at the forefront
of cutting edge issues, including preemption
of medical device and prescription
drug claims, the learned intermediary doctrine, comment k,
market share liability, and brand name liability for
generic use.
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.
Through amendments to both the patent and the food and
drug laws, the Act established several practices intended to provide brand - name firms with incentives to innovate while facilitating the
marketing of generic pharmaceuticals.
Global Pharmacy Canada («Global»), which used the Internet to
market and sell
generic prescription
drugs to Americans,
marketed itself as a Canadian company and had a call centre which took customer orders and processed payments in Mississauga, Ontario, within the jurisdiction
of the Ontario College
of Pharmacists.
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.
Because this is a national health service, the government is now strongly supporting the
generics market — during 2011, the share
of generic drugs increased by over 40 % and the
market is expected to reach over $ 60 billion by 2017.
«Traditional Big Pharma are becoming more and more combative in the development
of new
drugs, but their
market share is being affected by the creation
of generic and biosimilar
drugs.
West End, District
of Columbia About Blog Follow FiercePharma for pharma industry news on big pharma, FDA decisions, patents, pharmaceutical
marketing,
generic drugs, and other pharma news.
After graduating with degrees in psychology and social work — both
of which Witt says are extremely beneficial in real estate — she worked as a
marketing coordinator for
generic drug maker Pharmascience, organizing activities for 40 sales reps.
As popular
drug patents expire and a flood
of generic medicines are expected to flood the
market, the large firms are looking for better ways to earn revenue, such as expanding globally by pushing into emerging
markets such as Brazil and China, or exploring more research and development
of biopharma products (biological medicines, based on living tissues such as vaccines).