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Full-Text Articles in Food and Drug Law
Innovation And Reverse Payments, Ramsi A. Woodcock
Innovation And Reverse Payments, Ramsi A. Woodcock
Florida State University Law Review
Settlements of patent litigation between branded and generic drug makers that include a promise by the generic maker to stay out of the market, sometimes in exchange for a ‘reverse’ payment, increase the profits of drug makers at the expense of consumers. Some commentators argue that drug makers will invest these profits in innovation, ultimately making consumers better off. Drug market data suggest, however, that the resulting gains to consumers may still be insufficient to offset consumer losses from delayed access to generics. Even when innovation is taken into account, antitrust can most efficiently eliminate the risk of consumer harm …
The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato
The Medical Liability Exemption: A Path To Affordable Pharmaceuticals, Carrie E. Rosato
Florida State University Law Review
Patent monopolies are tolerated because we believe they promote progress that benefits society. What should be done when these monopolies actually increase human suffering? Drug prices in America are fifty to eighty percent higher than the rest of the world, meaning many cannot afford drugs that will improve or even save their lives. When striking a balance between the interests of the patent holder and that of the public, it is important to bear in mind that the rewards granted to patentees are secondary to the public benefit derived from their labors. The ideal solution would come from Congress creating …