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« Federal Circuit Invalidates Pfizer's Norvasc Patent; Mylan's Generic Expected to Launch Soon | Main | House Oversight Committee to Hold Hearing on Follow-on Biologics »

March 23, 2007



Thanks Aaron keeping us on beat.

This case really comes to prove how DUMB the Hatch-Waxman Act really is.

Apotex does the hard work...gets the case expiditiously to the Federal Circuit...argues well and has the patent invalidated...

But Mylan takes the cake...they have been dawdling for over five years at the District Court level... only to lose...now they get the 180-exclusivity...

Really DUMB...


But why didn't Apotex simply drop their appeal? They have nothing, or next to it, to gain by this decision...unless they happen to be in bed with Mylan somehow.

(For that matter, why didn't Pfizer drop its complaint against Apotex? After they had two D/Ct decisions of validity in hand, they could have let Apotex make a decision to enter at-risk, which they never would have done.)

It's not so much that H-W is dumb, but that Apotex either screwed up or didn't really appreciate the results of their gamesmanship.

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