Allergan’s deal with the Mohawks raises troubling questions about the future of generics image

STAT , September 11, 2017
By Ed Silverman, quoting Rachel E. Sachs (Academic Fellow Alumna)


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From the article:

[...] Legal experts, however, say that tribal sovereignty may also thwart generic drug makers from filing a conventional lawsuit. If so, the ramifications may be far-reaching and ominous for consumers, because Allergan's deal with the Mohawks may slow the arrival of generic drugs this raises the possibility that a brand-name drug maker has found a new — and clever — way to forestall lower-cost generic competition.

“We haven’t completely destroyed the framework [for getting generics to market], but we may have kneecapped the potential,” said Rachel Sachs, an associate professor at the Washington University School of Law, who studies the intersection of patent and health law.

Indeed, the laws governing patents and competition can be complicated, but the Allergan deal appears to have added an unforeseen level of complexity, according to Sachs and other legal experts, who spent the weekend searching. [...]

health law policy intellectual property pharmaceuticals rachel sachs regulation