Legal & IP
Are you sure you'd like to remove this alert? You will no longer receive email updates about this topic.
Legal Issues
Are you sure you'd like to remove this alert? You will no longer receive email updates about this topic.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_floodgates_1837978813_1200.jpg?rev=daa795afbb8a4019b9b7b4bf369ecbbb&w=350&hash=D260C35FC758F2CCC7981C2558CA3020)
Deference No More: More Suits Against US FDA Coming After High Court Tosses Chevron Doctrine?
The Supreme Court’s 6-3 ruling is expected to have a minimal impact on drug approvals and other scientific determinations, but matters steeped in the interpretation of regulation and statute, such as marketing exclusivity, could face a heightened risk of challenge, legal experts say.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_square_one_107466659_1200.jpg?rev=5b373b72ace44e46a9e87c6326dfaea8&w=350&hash=D0010A9CA926C64F0BA1B71AC97D2618)
Purdue Bankruptcy Settlement ‘Back To Square One’ After US Supreme Court Rejection
In a 5-4 decision, the high court says a Chapter 11 bankruptcy plan provision releasing the Sackler family from future liability is not allowed, a decision that could spur a bolus of personal injury trials if another reorganization plan settling thousands of claims cannot be reached.
![](/-/media/editorial/generics/2024/06/gb2406_arrows_split_blue_1012347172_1200.jpg?rev=c7bd4439c7b446698b0feb8bf822899f&w=350&hash=B9199FABD79C8E2893B51906B230EC8B)
Divisional Patents Remain Divisive In Europe
Divisional patents remain a major barrier to market entry for generics in Europe, heard attendees to Medicines for Europe’s legal affairs conference in Dublin earlier this month.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_eu-council_1680481738_1200.jpg?rev=67e8cb65781c447193cea75a2ade5fae&w=350&hash=69181CD0A4125512874DB1AB16CB1CB4)
More Cracks Appear In EU Pharma Reform As Ministers Debate RDP Proposals
As well as differences of opinion over the “incentives” part of the EU legislative overhaul, the latest meeting of health ministers revealed uncertainties about whether to use incentives or obligations to improve medicines access and how to define “unmet medical needs."
![](/-/media/editorial/pink-sheet/2024/06/shutterstock_2290308429.jpg?rev=fc2ba8b7d0854e96accf0bc8bf5a9764&w=350&hash=DA556BEB8AD69E4D1FA07DDB3678EC46)
340B Drug Diversion: Sanofi Suit Seeks Evidence In Pharmacy Contracts With Hospitals
Drug maker pursuing novel approach to establishing that contract pharmacies are improperly taking ‘title’ to 340B-discounted drugs, leading to diversion, which is prohibited by law.
![](/-/media/editorial/generics/2024/06/gb2406_spc_session_1200.jpg?rev=d941ca36e8394bd0bd4500b0c0201633&w=350&hash=D3657F158C1C323374C21C61852F1015)
‘We Tried It, It Does Not Work’ – The Problems With The EU’s SPC Manufacturing Waiver
While the European supplementary protection certificate manufacturing waiver was once seen as a triumph for the region’s off-patent industry, concerns are now being raised over how the mechanism is implemented. Attendees at Medicines for Europe’s legal affairs conference in Dublin last week heard the latest.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_athletejumpingoverhighbar_2083931869_1200.jpg?rev=5b4410896a0944ee96cc34db8bffb799&w=350&hash=CB85F48A09496E28F6EEDD8438942DD2)
SCOTUS' Mifepristone Decision Sets High Bar For US FDA Suits, But Risks To Agency Authority Linger
The unanimous decision that the Alliance for Hippocratic Medicine lacks standing to challenge the FDA’s relaxation of the abortion pill REMS leaves unclear whether the court would have deferred to the agency’s expertise on the merits.
![](/-/media/editorial/pink-sheet/2024/05/ps2405_affordability_2179294353_1200.jpg?rev=06c44ccf373d420bb39913aaaad8db1f&w=350&hash=92FD2606DDDB4A1AD6F012CDDF3A769E)
US NIH And Drug Pricing: Still Seeking A Balance
“Access Plans” are the US NIH’s new idea to address calls to take a more hands-on role in regulating the prices of products developed with taxpayer funding, but what the policy would actually mean for prices is hard to pin down, and that is probably deliberate.
![](/-/media/editorial/scrip/2020/08/sc2008_competition_204697885_1200.jpg?rev=7cccf55885fd44db8e1d5fb55423e799&w=350&hash=F9ADB15C4E2267CE062EAFD39E179419)
Italy Probes Alleged Antitrust Deal Over Biosimilar Version Of Eye Drug Lucentis
Did Samsung Bioepis and Biogen choose early US access for their Lucentis biosimilar in exchange for postponing launch in other markets? That’s what Italy’s competition authority believes, as it investigates the biosimilar sponsors and originator companies Genentech and Novartis.
![](/-/media/editorial/pink-sheet/2023/05/ps2305_quotario-marks_shutterstock_2242442847_1200.jpg?rev=fc3ed434350749148949623eae67426e&w=350&hash=30F5886F13D85B02C6DE47798536266B)
Quotable: Top Experts On Policy Hot Topics
The Pink Sheet highlights recent comments and insights from pharma officials and executives on key issues we are covering.
![](/-/media/editorial/scrip/2021/05/sinopharm_covid-vaccines.jpg?rev=6bcb664344b444668de5ac439f3e0655&w=350&hash=BD9BF303D12251645B9F5269971B80EE)
Vaccine Star's Surprise Downfall Indicative Of Trouble In China’s COVID Push?
Apparently months after his actual detention, news has finally surfaced that a key researcher behind China's rapid development of a homegrown COVID-19 vaccine is said to have "severely violated" Communist Party rules and regulations and is the subject of a probe for possible corruption.
![](/-/media/editorial/pink-sheet/2024/05/shutterstock_1843532029.jpg?rev=4978872942224cf58ed6ffde515c4de8&w=350&hash=583BBEAED3164C27AF6D137CD41A3ADD)
340B Contract Pharmacy Confusion: Another US Court Sides With Pharma, States Enact Roadblocks
The DC Circuit Court agrees with an earlier appeals court ruling that the law does not prohibit manufacturers from setting the terms of their 340B outpatient drug discounts to contract pharmacies.
Intellectual Property
Are you sure you'd like to remove this alert? You will no longer receive email updates about this topic.
![](/-/media/editorial/pink-sheet/2024/06/ps2406_ip_2160922155_1200.jpg?rev=c3df3bd6e3e241179f1cc733cfc35e84&w=350&hash=3451837B350A5613CE31C527B524E249)
Compulsory Licensing: EU Council Backs Stronger IP Protections
The R&D-based pharma industry has welcomed the “more careful and considered approach” taken by EU ministers to the European Commission’s proposed compulsory licensing system, but says there is room for further improvement.
![](/-/media/editorial/generics/2024/06/gb2406_arrows_split_blue_1012347172_1200.jpg?rev=c7bd4439c7b446698b0feb8bf822899f&w=350&hash=B9199FABD79C8E2893B51906B230EC8B)
Divisional Patents Remain Divisive In Europe
Divisional patents remain a major barrier to market entry for generics in Europe, heard attendees to Medicines for Europe’s legal affairs conference in Dublin earlier this month.
![](/-/media/editorial/pink-sheet/2024/06/shutterstock_1715090086.jpg?rev=06407cdf834348ffabadd3a3056f8cfd&w=350&hash=DC5AF2D9C8D2416C933B378D32DDA75D)
US Patent Office Plan To Expand Settlement Disclosure Requirements Welcomed By FTC
US Federal Trade Commission says the policy would enhance its ability to detect reverse payment settlements between pharmaceutical companies that raise antitrust concerns.
![](/-/media/editorial/generics/2024/06/gb2406_us_dollar_stock_2107164086_1200.jpg?rev=ff0a9be0ce3e4350b531ca84b40de8e3&w=350&hash=AF8CB71C33DC6F00372861312E358849)
US Product Hopping Legislation Could Offer $3bn In Savings
A bill that would prevent product hopping was estimated to save US taxpayers $3bn by the US Congressional Budget Office, increasing the likelihood it could be enacted to help pay for other congressional priorities.
![](/-/media/editorial/generics/2024/06/gb2406_spc_session_1200.jpg?rev=d941ca36e8394bd0bd4500b0c0201633&w=350&hash=D3657F158C1C323374C21C61852F1015)
‘We Tried It, It Does Not Work’ – The Problems With The EU’s SPC Manufacturing Waiver
While the European supplementary protection certificate manufacturing waiver was once seen as a triumph for the region’s off-patent industry, concerns are now being raised over how the mechanism is implemented. Attendees at Medicines for Europe’s legal affairs conference in Dublin last week heard the latest.
![](/-/media/editorial/pink-sheet/2023/05/ps2305_quotario-marks_shutterstock_2242442847_1200.jpg?rev=fc3ed434350749148949623eae67426e&w=350&hash=30F5886F13D85B02C6DE47798536266B)
Quotable: Top Experts On Policy Hot Topics
The Pink Sheet highlights recent comments and insights from pharma officials and executives on key issues we are covering.
![](/-/media/editorial/pink-sheet/00_regular-column-images/pinksheet_podcast_1200.png?rev=bc6eb4e16393438f9391192abb7e54be&w=350&hash=52CA70D84C472F2FCD016F8FE66566D8)
Pink Sheet Podcast: Clinical Trial Reg Issues, NIH Drug ‘Access Plans’, Good Ole Days Of Woodcock
Pink Sheet editors discuss the US FDA’s potential regulatory changes to promote novel trial designs, an NIH proposal to better ensure access to a commercialized product, and lawmakers longing for Janet Woodcock's days running the Center for Drug Evaluation and Research.
![](/-/media/editorial/pink-sheet/2024/05/shutterstock_1437443870.jpg?rev=c9eaf66ecd8c4319a11b07b9bb37fa42&w=350&hash=BB36D284DD860AC4DC0E1BB015DBCEB8)
NIH Drug Patent Licensees Would Develop ‘Access Plan’ Under Proposal; Pricing Commitments Optional
Proposed rule would not require price concessions in the interest of balancing enhanced access with protecting the ‘viability and sustainability of a product’ in the market.
![](/-/media/editorial/pink-sheet/2024/05/ps2405_boxing_ring_1549830581_1200.jpg?rev=5753e443fce64d2c96e1a757d5b5f099&w=350&hash=8D8CEAEAC1590ACAE22E5906310B7493)
Weight Loss, Diabetes Treatments Focus Of FTC's Second Round Of Patent Listing Challenges
The Pink Sheet takes a deep dive into the Federal Trade Commission's second wave of challenges to patents it asserts are improperly listed in the FDA's Orange Book, including patents covering Novo Nordisk's self-injection pens for Saxenda (liraglutide) and Ozempic (semaglutide).
![](/-/media/editorial/pink-sheet/2024/02/ps2402_pink-pills-down-arrow_1063502165-1200.jpg?rev=11dda797b12a41f1a81c217847162b97&w=350&hash=5677FA1209045ADE9AC9D1843128CDB5)
Industry Calls For More Clarity On EU Compulsory Licensing Proposal
Industry groups say the initiative will undermine innovation and the competitiveness of European companies, impeding Europe's ability to tackle future crises effectively.
![](/-/media/editorial/pink-sheet/2024/04/ps2415_pto_1169047330_1200.jpg?rev=c94c3a5ec9304446bbe58122d1bee343&w=350&hash=70ABDD5D107127310ADB9F2D33223BE8)
Patent Office Issues Proposed Rule For Rarely Successful Director Review Requests
The rulemaking is supposed to formalize the Patent Trial and Appeal Board process, which has been in an interim status since a Supreme Court decision, giving manufacturers more ability to request oversight of the decisions.
![](/-/media/editorial/pink-sheet/2024/04/ps2404_califfhouse_1200.png?rev=7b5c3d57f07e4dd3b488a89ff249e737&w=350&hash=5AEAF7807EF4B1A923319BA54C182662)
Califf Suggests Congress ‘Tighten Up Laws’ To Address Orange Book Abuses
US FDA Commissioner repeats longstanding FDA policy that the agency doesn’t have much power to address frivolous patent listings in the Orange Book, but seems to support Congress providing more authority.
You must sign in to use this functionality
Authentication.SignIn.HeadSignInHeader
Email Article
All set! This article has been sent to my@email.address.
All fields are required. For multiple recipients, separate email addresses with a semicolon.
Please Note: Only individuals with an active subscription will be able to access the full article. All other readers will be directed to the abstract and would need to subscribe.