1. I expect a shorter exclusivity period than 12 years in the final House/Senate compromise if the exclusivity applies to marketing per se.
2. The exclusivity period may be made to apply to clinical data rather than to marketing, which would allow a FoB company to circumvent the exclusivity period by running its own (abbreviated) clinical program.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”