Comments on: The FTC Loses A Pay-To-Delay Case http://www.pharmalot.com/2010/02/the-ftc-loses-a-pay-to-delay-case/ News, Comment and Conversation Fri, 10 Feb 2012 19:09:54 +0000 http://wordpress.org/?v=2.6.2 By: M T http://www.pharmalot.com/2010/02/the-ftc-loses-a-pay-to-delay-case/#comment-472342 M T Mon, 01 Mar 2010 05:44:16 +0000 http://www.pharmalot.com/?p=21643#comment-472342 Be careful what you wish for. It needs to be remembered that the brand name companies have pretty strong patents on these drugs that generic companies are trying to jump. They may just decide to take these cases to court, where they will likely win, in which case patients will wait even longer before being able to access the generic. Apotex jumped the Plavix patent, but lost in court, and Plavix is still protected. Be careful what you wish for. It needs to be remembered that the brand name companies have pretty strong patents on these drugs that generic companies are trying to jump. They may just decide to take these cases to court, where they will likely win, in which case patients will wait even longer before being able to access the generic. Apotex jumped the Plavix patent, but lost in court, and Plavix is still protected.

]]> By: Condor http://www.pharmalot.com/2010/02/the-ftc-loses-a-pay-to-delay-case/#comment-469482 Condor Wed, 24 Feb 2010 13:33:20 +0000 http://www.pharmalot.com/?p=21643#comment-469482 Good stuff, Ed -- I think this may turn out to be a case of winning the battle, but losing the war -- for big pharma. I <a href="http://shearlingsplowed.blogspot.com/2010/02/another-voice-in-favor-of-senateobama.html" rel="nofollow">think the presumption against</a> these deals in the Senate's bill is going to gain traction, as is President Obama's highlighting of it, in his Plan. The head of the FTC's Competition Bureau is right, with his quoted reaction to Judge Thrash's decision, here: <i>. . . .Richard Feinstein, head of the FTC's bureau of competition, said the ruling was "obviously disappointing," but said the decision underscored the need for a legislative solution, such as the prohibition included in Obama's health-care proposal. "A new law is the quickest and most effective way to serve the interests of the millions of U.S. consumers who take prescription drugs and deserve unfettered access to lower-cost generic alternatives," Feinstein said. . . .</i> Quite so. <b><i>NPR's Scott Hensley</i></b> did a nice three minute audio mp3 on what pay for delay is -- in highly simplified terms, overnight, as well. It is <a href="http://shearlingsplowed.blogspot.com/2010/02/another-voice-in-favor-of-senateobama.html" rel="nofollow">linked at the bottom of this one</a>, of mine. Add to this Mr. Obama's support for a repeal of the health insurers' antitrust exemptions, and there may yet emerge some real change -- toward fairer health care delivery systems, in the United States. Namaste Good stuff, Ed — I think this may turn out to be a case of winning the battle, but losing the war — for big pharma. I think the presumption against these deals in the Senate’s bill is going to gain traction, as is President Obama’s highlighting of it, in his Plan.

The head of the FTC’s Competition Bureau is right, with his quoted reaction to Judge Thrash’s decision, here:

. . . .Richard Feinstein, head of the FTC’s bureau of competition, said the ruling was “obviously disappointing,” but said the decision underscored the need for a legislative solution, such as the prohibition included in Obama’s health-care proposal.

“A new law is the quickest and most effective way to serve the interests of the millions of U.S. consumers who take prescription drugs and deserve unfettered access to lower-cost generic alternatives,” Feinstein said. . . .

Quite so. NPR’s Scott Hensley did a nice three minute audio mp3 on what pay for delay is — in highly simplified terms, overnight, as well. It is linked at the bottom of this one, of mine.

Add to this Mr. Obama’s support for a repeal of the health insurers’ antitrust exemptions, and there may yet emerge some real change — toward fairer health care delivery systems, in the United States.

Namaste

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