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Re: Number sleven post# 311590

Wednesday, 11/25/2020 4:23:51 PM

Wednesday, November 25, 2020 4:23:51 PM

Post# of 424669
If you don't believe me after this post I give up:

https://www.goodwinlaw.com/-/media/files/publications/law360-does-indicationspecific-pricing-fit-generic.pdf

Generics drugs with such “skinny” labels, however, have been prescribed and dispensed for carved-out
uses. Doctors are permitted to prescribe drugs, both branded and generic, “off label,” that is for
indications that do not specifically appear on the drug’s label. Once a generic drug is approved,
insurance carriers and PBMs may only cover the generic form, and state generic substitution laws may
require pharmacists to dispense the generic version,[16] regardless of the use. But that does not mean
the generic product sponsor is inducing infringement. In a Hatch-Waxman litigation, evidence that
physicians would prescribe a proposed generic drug in an infringing manner, where the patented
indication is carved out of the label, is insufficient to establish induced infringement
.


The Thought Police: To censor and protect. Craig Bruce

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