Supreme Court 5-4 and 6-3 Victories for the Drug Discovery Business

June 25, 2011



Two rulings by the Supreme Court earlier this week provide some positive news for the drug discovery business.  The first ruling minimizes patient litigation against makers of generic drugs.  Generic drug makers use the same warning label as the initial company that discovered the drug.  The court basically says it trusts the FDA’s judgement on warning labels – and generic drug companies can not be suited under state law.  The second ruling allows more targeted marketing from pharmaceutical companies to doctors based on their prescription records.

Here is a nice article by 2009 Pulitzer Prize Finalist Adam Liptak in the NY Times summarizing the court’s debate.

For an analysis of the implications for the original organization that discovered the drug vs generic manufactures, see “Generic Drug Warning Labels: The Supreme Court Speaks” from Derek Lowe’s widely read In The Pipeline blog.




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