Is a Cure on the Way? The Bad Medicine of Generics, Citizen Petitions and Noerr-Pennington Immunity

45 Pages Posted: 8 Jul 2011 Last revised: 2 Oct 2012

See all articles by Stacey B. Lee

Stacey B. Lee

Johns Hopkins University - Carey Business School; Johns Hopkins University - Bloomberg School of Public Health

Date Written: September 1, 2010

Abstract

Over the next five years, approximately 110 drugs, including blockbuster products such as Sanofi-Aventis’ allergy medicine Flomax, GlaxoSmithKline’s herpes medication Valtrex, and Pfizer’s cholesterol medication Lipitor will lose their patent protection. In 2009 alone, brand-name drugs coming off patent were valued at more than 1'38 billion dollars. As market exclusivity for these drugs ends, the doors for generic production will open. Generic drugs generally enter the market priced 20 to 80 percent lower than their branded counterparts, and generics can capture 44 to 80 percent of brand-name drug sales within a year after release. This price competition from generic drugs threatens the profits of brand-name manufacturers and reduces their returns on innovative activity. As a result, some brand-name drug manufacturers have resorted to aggressive tactics to blunt the impact of competition.

Keywords: Citizen Petitions, Generics, Noerr-Pennginton, Sham Petitions, Pharmaceutical Drugs

Suggested Citation

Lee, Stacey B., Is a Cure on the Way? The Bad Medicine of Generics, Citizen Petitions and Noerr-Pennington Immunity (September 1, 2010). Kansas Journal of Law & Pubic Policy, Vol. 20, No. 1, 2010, Available at SSRN: https://ssrn.com/abstract=1881026

Stacey B. Lee (Contact Author)

Johns Hopkins University - Carey Business School ( email )

100 International Drive
Baltimore, MD 21202
United States

Johns Hopkins University - Bloomberg School of Public Health ( email )

615 North Wolfe Street
Baltimore, MD 21205
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
29
Abstract Views
321
PlumX Metrics