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High Court Urged To Take Generic Drug Case

Publication Date: 
March 15, 2007
Legal Times

This edition of "Conference Call," which summarizes legal disputes that are likely to reach the Supreme Court of the United States, analyzes a dispute about "lucrative deals struck between pharmaceutical patent pioneers and later manufacturers." The case under consideration by the Court is Joblove v. Barr Labs (No. 06-830) and "at issue is the patent for tamoxifen, a drug used to treat breast cancer that has become the most widely used cancer drug in the world."

The analysis mentions an amicus brief filed on behalf of petitioners, led by Professor Mark Lemley:

Weighing in on the side of the petitioners as amici, a group of 41 professors, led by Mark Lemley of Stanford Law School, argue that what they term "exclusion payments" should be prohibited because they preserve monopoly profits in a manner that harms consumers, competition and public health.