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Re: Chromosome post# 430107

Thursday, 10/31/2024 2:19:04 PM

Thursday, October 31, 2024 2:19:04 PM

Post# of 431097
I would defer to those more knowledgeable in this area, but this AI description indicates that an AG can sometimes be used in settlements in infringement cases since you mention a possible settlement.

I think for an appreciable effect however whatever arrangement would need to incorporate the other Generic cos besides Hikma. It does unfortunately sound more like for patent litigation rather than infringement but I did see something yesterday that mentioned an AG being using in an infringement litigation. FWIW:

"AI Overview

Authorized generics (AGs) can be a source of litigation and settlement because they can impact the generic drug industry and the Hatch-Waxman Act :

Competition
AGs can increase competition for generic drugs during the 180-day exclusivity period granted to the first generic by the Hatch-Waxman Act. This can make it difficult for generic companies to recover litigation costs and reduce their potential reward for challenging patents.

Hatch-Waxman Act
AGs don't have to follow the Hatch-Waxman Act's 180-day exclusivity period, which could threaten the generic industry.

Settlement
A brand company may choose to settle patent litigation with a generic company by launching an AG. Settlements can be economically rational if the net present value of the settlement is greater than the cost of litigation for both parties. "
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