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Re: johngnatt post# 344285

Monday, 06/21/2021 2:56:52 PM

Monday, June 21, 2021 2:56:52 PM

Post# of 423925
John
“Pharmacy? Definitely. Pharmacies have an economic incentive to promote generics without regard for patents. They can not claim ignorance to infringement by arguing that current pharmacy state laws encourage patent infringement”

Pharmacists don’t know the indication for a prescription and off label use is allowed. In the end it is ALWAYS the patient that decides which brand they get. Insurance companies and state laws can create a financial incentive to infringe a patent but that is not enough to be guilty of infringement.

If, as a pharmacist, I absolutely know the prescription is for CVD then I still have to tell the Pt: it’s $300 for Vascepa and $30 for gV which you are prohibited from using because it’s patented by Amarin. Which one do you want? I can’t refuse to use gV if the Pt insists on infringing the R-it patents and use gV.

As for economic incentives: 99% of every decision on which brand/products to use in every pharmacy I have ever worked in is based on which equivalent molecule is least expensive for the patient. The more expensive the drug the less likely they are to continue taking it.
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