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Re: CaptBeer post# 396966

Thursday, 01/05/2023 12:01:37 PM

Thursday, January 05, 2023 12:01:37 PM

Post# of 425927
Ns....QUOTE from the Jones Day legal analysis on the Amarin vs. Hikma case..."the court reiterated that generics are 'NOT required to include on their labels statements affirmatively discouraging use of a drug for patented indications that have otherwise been carved out of the generic's label."

While this is true, the analysis went on to state that the reason for the case being continued against Healthnet was the previous warning that Amarin had delivered to Healthnet about infringement of their CVD patents...plus the prior authorization that Hikma demanded before filling Vascepa Rx's at a lower tier(and cheaper price) than that assigned to Vascepa.

One reasonable resolution for this problem in the HW law would be for generics to include in their labels....'statements affirmatively discouraging use of a drug for patented indications that have otherwise been carved out of the generic's label.'

I hope that this was the basis for the recent agreement between Amarin and Healthnet...and that the rest of the insurance industry takes notice...If Hatch were still in the senate, he would be pushing for this just correction in the HW law.
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