beachboat
RE this will "indirectly infringe" on REDUCE-IT patents and yet presribing doctors can't "infringe".
Not true once the generic is in the market. So yes, the Doc will infringe, as follows.
Under Medicare and a (future) generic, say your Doc prescribes Vascepa and for AARP/United this winds up at on tier 4. And then you or your MD asks for an Exception tier ruling because of the high price, --
it would move to tier 3 but there is the ruling that there must be a cheaper, ie generic --which then must be filled. the Doc and Generic would automatically Infringe! SIMPLE, ok?
Now per this iron-clad Medicare ruling, and that hold for all brand names in general, there cannot currently for example be a move of a Vascepa prescription to a lower tier (pricing) exception, because there is no alternative to Vascepa available (at a lower price, lucky they did not put fish oil in as an alt).
No kidding! I just found all this out yesterday when looking for a reduction in a $1,440/year Vascepa expense.