IPPI has submitted formal comments to the U.S. Department of Commerce regarding its Section 232 investigation of pharmaceutical imports, cautioning against imposing tariffs on medicines and their ingredients. In our submission, IPPI scholars Mark Schultz, Emily Michiko Morris, and Joshua Kresh explain that imposing such tariffs would have severe negative consequences for American patients, healthcare […]
Category: Pharma
By Emily Michiko Morris & Douglas Park The high cost of some pharmaceuticals is a complex issue, but the Federal Trade Commission’s (FTC’s) most recent criticism of pharmaceutical patents’ role is misguided. The FTC has criticized the listing of drug product device patents in the FDA’s “Orange Book,” a listing of patents related to various […]
By Emily Michiko Morris and Joshua Kresh Executive summary: Many critics of pharmaceutical companies argue that they abuse the patent system through “evergreening” or “thickets” to increase the amount of time they can avoid generic competition and keep drug prices high. Those critics have not looked at the real-world effects of pharmaceutical patents on generic […]
By Jack Ring In their forthcoming paper, Solutions Still Searching for a Problem: A Call for Relevant Data to Support “Evergreening” Allegations,[1] C-IP2 Senior Scholars Erika Lietzan of Mizzou Law and Kristina Acri of Colorado College call for relevant data to support evergreening allegations and accompanying policy proposals. “Evergreening” is often described as brand drug […]
Courts have recently questioned Food and Drug Administration (FDA) determinations. The FDA is the administrative agency whose job is to evaluate scientific data to determine if a drug is safe and effective enough to be approved, and post-approval, to continue to evaluate such data to determine if a drug should remain available. Generally, the most […]
This policy brief, including the following “Introduction and Executive Summary,” comes from Eric M. Solovy. CLICK HERE to read the brief in full. Introduction and Executive Summary On June 17, 2022, in the early morning hours of the final day of the World Trade Organization’s (“WTO”) 12th Ministerial Conference, the Members of the WTO adopted […]
C-IP2’s original post on the UC Hastings’ Evergreen Drug Patent Search Database can be read here. Reply to Blog Post on UC Hastings’ Evergreen Drug Patent Search Database Robin Feldman Arthur J. Goldberg Distinguished Professor of Law Albert Abramson ’54 Distinguished Professor of Law Chair Director of the Center for Innovation at University of California […]
Professor Robin Feldman’s reply to this post, and our response, can be read read here. The Center for Innovation, housed at the University of California Hastings College of the Law, has created an Evergreen Drug Patent Search Database (the “Evergreening Database,” or “Database”).[1] The Database was created to address the perceived problem of “evergreening,” which the […]
The following post comes from Austin Shaffer, a 2L at Scalia Law and a Research Assistant at CPIP. By Austin Shaffer In their new paper, Distorted Drug Patents, CPIP Senior Scholar Erika Lietzan of Mizzou Law and Kristina Acri of Colorado College explore a paradox in our patent system: Innovators are less motivated to work […]
The following post comes from Austin Shaffer, a 2L at Scalia Law and a Research Assistant at CPIP. By Austin Shaffer This past fall, the Department of Justice (DOJ) and U.S. Patent and Trademark Office (USPTO) hosted day two of their public workshop to discuss the importance of intellectual property rights and pro-competitive collaborations for […]