Opinion: Generic ‘identity’ gets lost when companies juggle both generic and brand drugs
Playing both sides of the market may reduce the incentive for generic companies that also own branded drugs to fight as hard as possible to win patent challenges and other…
by Michael A. Carrier and Mark A. Lemley and Shawn Miller
Mar 17, 2020
2 minutes
We think we know generic drug companies. They challenge patents held by brand firms. They litigate vigorously to overturn those patents. And they often win these challenges.
But what about “generic” companies that play both sides, earning revenue from generic brand drugs? Do they have less incentive to do what generic firms should be doing?
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