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April 27, 2017


Hey Kevin,

Like Andrew's post on the "patent dance," your post on "when does biosimilar marking start" portion of this oral argument is excellent and thorough. Calling the biosimilar provisions of the ACA Byzantine in its complexity" is an understatement-the oral argument just underscores the lousy job Congress did in drafting this portion of the ACA specifically and the ACA generally.

Over at the scotusblog, John Duffy speculates that this case might be dismissed as improvidently granted. http://www.scotusblog.com/2017/04/argument-analysis-supreme-court-struggles-acas-patent-provisions/#more-255371

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