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« Athena Diagnostics v. Mayo Collaborative Services -- The Dissents | Main | IPW Webinar on § 112 »

July 18, 2019


Oh, that's the ticket: ex post facto, let's go after every pharma company that, years after grant, had a patent declared invalid as obvious, by arguing that the subsequent invalidation proves the patent should never have been granted and thus was obtained through inequitable conduct; and that, further, to the extent the patentee's market position was improved as a result of the patent, and the patentee was reimbursed by medicare, the patentee made false claims against the federal government.

Yeah, that's a winning strategy for encouraging investment in new drugs. And it includes a good dose of intellectual dishonesty too. But it succeeds in one sense: if there are no new drugs, then eventually prices on the existing drugs will fall.

Of course, the FDA's own practices, and complicated medicare reimbursement formulae, have *nothing* do with high drug prices. No sir, no at all.

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