Generics Versus Brands: New Fronts on a Shifting Battleground

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The long-running conflict between brand-name and generic drug manufacturers always has been hard-fought—but there are signs it could become even more intense. With the Obama administration's effort to severely hamper "pay-for-delay" settlement agreements between generic and brand name drugs, and the increasingly aggressive tactics by both sides in areas such as carve-outs, at risk launches, and extended-release drugs, the industry can expect to find the two sides fighting harder than ever.

On some fronts, generics makers may have the advantage; on others, the innovators may have the better odds. But for both, the outcome of several in-progress skirmishes could be more uncertainty, more disruption, and more expense.

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Published In: Antitrust & Trade Regulation Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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