5f13389fd6ea4b6de49bacec84ed7d8f

Here's a patent case involving printer cartridges that may just piss off some huge drug companies. https://www.google.com/amp/s/www.theverge.com/platform/amp/2017/5/30/15714832/supreme-court-lexmark-impression-products-printer-patent-ruling

jc @ 7 months ago

Comments (19)

B35527b232c45def78db4f6949419182

I wish. There's still the DEA.

Tjaden Froyda @ 7 months ago

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5f13389fd6ea4b6de49bacec84ed7d8f

Wouldn't this make it possible for US distributors to buy from foreign distributors. I don't know if the mark up would eat up the foreign advantage.

jc @ 6 months ago

Yellow Springs, OH 45387, USA

5f13389fd6ea4b6de49bacec84ed7d8f

It seems as though this could help to reduce the price disparity.

jc @ 6 months ago

Yellow Springs, OH 45387, USA

B35527b232c45def78db4f6949419182

There still some special restrictions in place for drugs that make this not work.

Tjaden Froyda @ 6 months ago

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C767f03aeb282b9660d8157840047228

Contracts can still restrict future sales, but only in specific cases and when accompanied by the right contract language. Many existing contracts probably won't do the trick.

Dr. Evil @ 6 months ago

Hudson, WI 54016, USA

B35527b232c45def78db4f6949419182

what are your thoughts on the sale vs. license debate, evil?

Tjaden Froyda @ 6 months ago

New East Side, Chicago, IL

C767f03aeb282b9660d8157840047228

International law and its nexus to U.S.patent law makes things even more complicated. International contracts are likewise complicated, in particular how each country's own laws treat contract rights and which country's laws are intersecting.

Dr. Evil @ 6 months ago

Hudson, WI 54016, USA

B35527b232c45def78db4f6949419182

same with laws on drug formulation, labeling, place of manufacture, NDA approval... complicated stuff!

Tjaden Froyda @ 6 months ago

New East Side, Chicago, IL

C767f03aeb282b9660d8157840047228

The license question is one I can't really answer right now, mostly because that decision is new and I'm just not up on it yet. There have been several important patent decisions in the last few weeks.

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

C767f03aeb282b9660d8157840047228

I've personally been frantically busy at work recently and am behind on anything that doesn't involve a hard deadline. I'll be able to weigh in on this soon.

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

C767f03aeb282b9660d8157840047228

However, I should clarify that when I speak of contracts here, what I'm talking about is a license...patent licenses are just a type of contract.

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

C767f03aeb282b9660d8157840047228

That was some very poor grammar up there.

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

C767f03aeb282b9660d8157840047228

The doctrine at work in this debate is referred to by patent attorneys as exhaustion. As in, when does the sale of a patented product exhaust the patent owner's (or licensee's) rights.

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

B35527b232c45def78db4f6949419182

https://patentlyo.com/patent/2017/06/demystifying-importation-impression.html I found this interesting from an FDA standpoint. There are a few links that go deeper on the patent issues - gave me a headache.

Tjaden Froyda @ 6 months ago

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Yeah it's a real minefield area right now, as it is any time a court upsets the status quo. But the non-FDA stuff says in sum what I asserted above: only contract provisions CAN save patentees from exhaustion, and it's also likely most current ones

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

C767f03aeb282b9660d8157840047228

aren't going to do the trick. The devil, as always, is in the fails to be fleshed out in innumerable future lawsuits.

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

C767f03aeb282b9660d8157840047228

details not fails...lol

Dr. Evil @ 6 months ago

Lakeland, MN 55043, USA

B35527b232c45def78db4f6949419182

I guess what i was getting at with the sale vs. license question was this: https://medium.com/whatever-source-derived/licensing-in-the-shadow-of-impression-products-with-lisa-larrimore-ouellette-9bbf8c350c65

Tjaden Froyda @ 6 months ago

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B35527b232c45def78db4f6949419182

Relevant part is near the end - like you said, more lawsuits needed : / Regardless I hope that it works out so that we can get drug prices driven downwards finally!

Tjaden Froyda @ 6 months ago

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