Comments on: Is it Worth it for Generics to Challenge Branded Drugs? http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/ Freshly Brewed Bio/Pharma Chat. Served Up Daily. Thu, 18 Mar 2010 11:54:35 -0400 http://wordpress.org/?v=2.9.2 hourly 1 By: Drug Rep Success. | 7Wins.eu http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/comment-page-1/#comment-60331 Drug Rep Success. | 7Wins.eu Wed, 20 Aug 2008 14:45:33 +0000 http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/#comment-60331 [...] » D.C. Go-Go Flavors New Filmp2pnet news » Blog Archive » Hollywood’s Canada piracy successPatent Baristas » Is it Worth it for Generics to Challenge Branded Drugs? Tags pharmaceutical sales rep pharmaceutical rep pharmaceutical sale job sales rep pharmaceutical [...]

]]> By: HmH http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/comment-page-1/#comment-3456 HmH Fri, 16 Feb 2007 16:06:39 +0000 http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/#comment-3456 An interesting question that is raised here. Coming back to the success of Paragraph IV patent challengers, the FTC released a study (already back in 2002) on "pre-expiry" competition between brand name drugs and generic drugs. It indicates that "generic applicants prevailed in 73% of the cases in which a court has resolved the patent dispute." The data used for this study may be somewhat out of date now and not be representative, but "73%" is nevertheless quite surprising. An interesting question that is raised here.

Coming back to the success of Paragraph IV patent challengers, the FTC released a study (already back in 2002) on “pre-expiry” competition between brand name drugs and generic drugs. It indicates that “generic applicants prevailed in 73% of the cases in which a court has resolved the patent dispute.” The data used for this study may be somewhat out of date now and not be representative, but “73%” is nevertheless quite surprising.

]]> By: TJD http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/comment-page-1/#comment-2996 TJD Thu, 08 Feb 2007 21:03:11 +0000 http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/#comment-2996 Just a note to consider- vast majority of H-W litigation is not carried out in front of a jury. Unless the generic challenger alleges noninfringement (and over 90% do not challenge this since the 505(j) filing requires a bioequivalent API, aka a copy or near copy), only validity and unenforceability, both questions primarily of law, are decided. I've been involved with a couple of dozen H-W suits and only 2 (both pre-Markman) were tried in front of a jury. Just a note to consider- vast majority of H-W litigation is not carried out in front of a jury. Unless the generic challenger alleges noninfringement (and over 90% do not challenge this since the 505(j) filing requires a bioequivalent API, aka a copy or near copy), only validity and unenforceability, both questions primarily of law, are decided. I’ve been involved with a couple of dozen H-W suits and only 2 (both pre-Markman) were tried in front of a jury.

]]> By: Cyberlaw Central » Blawg Review #93 http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/comment-page-1/#comment-2210 Cyberlaw Central » Blawg Review #93 Mon, 29 Jan 2007 21:13:37 +0000 http://www.patentbaristas.com/archives/2007/01/24/is-it-worth-it-for-generics-to-challenge-branded-drugs/#comment-2210 [...] The Patent Baristas wonder whether it is worth it for Generics to challenge Branded Drugs. [...] [...] The Patent Baristas wonder whether it is worth it for Generics to challenge Branded Drugs. [...]

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