Supreme Court rules generic drug makers can challenge branded drug companies' wording in patent applications

The Supreme Court handed generic drug companies a victory with its Tuesday decision.

The Wall Street Journal: Supreme Court Sides With Generic Drug Makers
The U.S. Supreme Court handed a victory to generic-drug companies Tuesday, ruling they can file certain legal counterclaims against brand-drug companies in an effort to get their cheaper copycat medicines on the market. The court, in an opinion written by Justice Elena Kagan, ruled unanimously that generic-drug makers should be allowed to challenge the way brand-name manufacturers describe their patents to the Food and Drug Administration (Kendall, 4/17).

Politico Pro: SCOTUS Rules In Favor Of Generic Drug Companies
The U.S. Supreme Court ruled unanimously in favor of generic drug companies Tuesday, giving them a legal weapon to fight overly broad patent claims by brand-name competitors. Generic manufacturers said brand-name companies were hurting their ability to compete by submitting drug applications to the FDA with inaccurate, overly broad patent information. Drug companies must submit patent "use codes," which identify and describe the product, with their application. The FDA doesn't attempt to verify the code information but uses it to approve drug applications (Smith, 4/17).

http://www.kaiserhealthnews.orgThis article was reprinted from with permission from the Henry J. Kaiser Family Foundation. Kaiser Health News, an editorially independent news service, is a program of the Kaiser Family Foundation, a nonpartisan health care policy research organization unaffiliated with Kaiser Permanente.


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