Perfect, rmb, that's perfect. Note that the Express Scripts/CVS/Caremark v. FTC suit in Missouri is not mentioned in the Missouri Independent article you posted because it is a re-run of an earlier article first published in Ohio. In D.C., the FTC sued Express Scripts/Evernorth(its PBM) on insulin prices that are too high for many consumers to afford. Deaths of persons needing insulin occurred as a result. I do not know whether that insulin price suit is still alive in light of insulin prices being capped via the Congressional hearing that involved LLY and NVO executive testimony. Now we have 2 Senators from Oregon and Ohio urging the FTC to conduct a separate investigation of PBMs' effects on other drug prices.
Amarin's Vascepa is a life saving drug also. Vascepa is now only available to me from a pharmacy at greatly increased prices since 7/01/2024, compared to this consumer's co-pay price/cost of $9-15 dollars before that date. In Delaware and the CAFC(perhaps the Supreme Court also), the thorny questions surrounding Hatch-Waxman can be mooted/avoided now if the FTC (and/or DOJ ) investigated and found a collusive deception and unfair competition on the part of Hikma and Dr. Reddy in a deliberate placing of the cropped table from K in their post trial brief. That cropped table was an integral piece of "evidence(?)" that led the Nevada District Court to find the Amarin patents involved in that case to be invalid. Under Hazel-Atlas and FRCP 60, the issue of fraud on Federal Courts in the judiciary may be raised "at any time"; a finding of that category of fraud results in a further finding that the party(s) committing that fraud is/are entitled to no relief requested. With valid patents restored to original lifetime under Hazel-Atlas and emerging from that suit, there likely would be no generic or biosimilar Vascepa entitled to be in Amarin's CVD/triglyceride markets now in the first place. Read again the recent CAFC opinion for those 2 observations re Hikma's product that we have discussed earlier--no showing of therapeutic equivalence and no FDA approval for treating cardiovascular diseases.
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