Wednesday, April 03, 2024 2:49:16 PM
Ram, but if a doctor is prescribing off-label, then where is the infringement? (assuming another party is not inducing infringement)
Therein lies the problem - there is no law prohibiting a doctor from prescribing generic IPE for anything. Actually prescribing and fulfilling a generic IPE script for CVD is NOT infringing.
Look, I'm just playing devil's advocate here. I don't like this one bit. But the system is structured in such a way that can make it virtually impossible to prevent this. Look at the Hikma suit - if they had simply written in their PR "for high-triglycerides" (or whatever the language needs to be), then we wouldn't even be having this discussion. Hikma could continue to manufacture and distribute without retribution.
Therein lies the problem - there is no law prohibiting a doctor from prescribing generic IPE for anything. Actually prescribing and fulfilling a generic IPE script for CVD is NOT infringing.
Look, I'm just playing devil's advocate here. I don't like this one bit. But the system is structured in such a way that can make it virtually impossible to prevent this. Look at the Hikma suit - if they had simply written in their PR "for high-triglycerides" (or whatever the language needs to be), then we wouldn't even be having this discussion. Hikma could continue to manufacture and distribute without retribution.
JRoon........even if they prescribed off label, they would still be infringing on someone's patent....and subject to the law if you can catch them.
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