Court Won't Rehear Pay-For-Delay Patent Lawsuit; We Pay, They Delay
from the this-is-progress? dept
So, basically, even beyond the basics of patent law, non-infringing generics are being kept out of the market through what certainly seems like it should be blatant anti-trust practices. The generic pharma asked the entire Second Circuit to rehear the case, especially since the original three-judge panel had expressed some concerns over its own ruling, and even thought that the case might benefit from a full panel review. And yet... that's not going to happen. Joe Mullin points us to the news that the court has rejected the request for an en banc (full panel) rehearing of the case.
It did this despite the fact that the Justice Department, the American Medical Association and 34 state attorneys general all filed briefs in support of an en banc rehearing. And, then there's the FTC which is against these kinds of deals as well, and claims that they've cost consumers over $3.5 billion per year, and that number is rapidly growing each year. Of course, with all that firepower against such blatantly anti-competitive deals that make it more expensive to get important drugs, you'd think that perhaps a law change would be in order. No such luck. While the big health care reform bill that was passed earlier this year at one time had a provision outlawing such pay-for-delay scams, it got dropped from the bill along the way.