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Re: poorgradstudent post# 208068

Tuesday, 01/17/2017 11:53:34 AM

Tuesday, January 17, 2017 11:53:34 AM

Post# of 257473

How could they keep a marketed, patented drug from being used in another indication?

Drug/biotech companies almost never sue doctors for off-label use of a competing marketed product that technically infringes on a "use" patent. Hence, the only realistic chance to thwart such use is pushback from third-party payers.

ODE doesn't help with this problem insofar as it merely bars FDA approval of a generic version of the orphan drug.

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