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News from the FDA
FDA Will Not Interfere with Sales of Authorized Generics During Exclusivity Periods
The FDA issued responses to three Citizen Petitions last month, the cumulative effects of which will promote earlier access to lower-priced prescription drugs. In one action, the FDA denied petitions submitted by Mylan Pharmaceuticals Inc. and Teva Pharmaceuticals USA Inc. seeking to prohibit the marketing and distribution of reduced-price “authorized generic” versions of brand-name products during 180-day exclusivity periods. The agency also denied a petition submitted by Pfizer Inc., seeking to prevent generic applicants' waiver of 180-day exclusivity. In announcing these actions, the Agency stated that allowing eligible generic applicants to waive the exclusivity promotes competition by enabling other generic applicants to market their products sooner, and the agency could see “no reason to interfere with the marketing of authorized generics and waiving 180-day exclusivity, two long-standing, pro-competitive business practices.”
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.