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New York Times Provides Soapbox for Data Exclusivity Critics

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Policy arguments based solely on outcome rather than process are rarely effective when put into practice. This is because the desired benefits of the outcome blind the policymaker to the question of whether the desired outcome can be achieved without considering the effects (intended or otherwise) by the process. This effect can be seen, for example, in the Federal Trade Commission's crusade to ban "reverse payment"-containing settlements of ANDA litigation. The desired outcome is cheaper drug prices as soon as possible. However, against the "per se" illegal stance of the FTC, several regional Courts of...

Full post as published by Patent Docs on March 09, 2010 (boomark / email).