Foley & Lardner LLP partner David Rosen is quoted across the media for his analysis of the U.S. Supreme Court case Hikma Pharmaceuticals v. Amarin Pharma.
Speaking to Law.com for the article, “Patent, Copyright Holders Coming Up Short at Supreme Court,” Rosen commented that the court “reached the right decision and avoided a ‘chilling effect’ on generic drugmakers entering the market that could have cost American consumers more in out-of-pocket expenses.”
“It’s a pretty strong victory, a very strong victory for the generics,” he said.
In IP Watchdog, Rosen said, “The Supreme Court decision affirms the longstanding statutory provision that generic drug companies are able to carve out areas that are protected by patents or periods of market exclusivity from their labeling and not have to file a paragraph IV patent challenge.”
Analyzing the decision’s practical implications, Rosen added, “Generic companies will still have to be aware of statements and how they advertise and promote their generic products to avoid claims of inducement of patent infringement.”
He further observed, “The public will benefit from the earlier availability of high quality, therapeutically equivalent and lower cost generic drugs.”
(Some subscriptions required)
