Ben Lajoie co-authors ‘product hopping’ update in Law360 article
Bailey & Glasser attorney Benjamin Lajoie of the firm’s Boston, Massachusetts office, co-authored an antitrust article published in Law360 examining the current landscape of “product hopping” by pharmaceutical companies on the one-year anniversary of landmark appellate decision, Mylan.
“Product hopping” occurs when a drug that is near the end of patent protection is slightly reformulated to win fresh patent protection from generic market entry. Lajoie and co-author Lauren Barnes of Hagens Berman Sobol Shapiro in Boston discussed how lower courts have grappled with the changing legal landscape, summarizing appellate and lower court decisions and the issues that have arisen (some unanswered) when trying to differentiate between legitimate reformulations designed to improve drugs and those intended to stymie generics from market entry. “Product hopping” is one of many contributors to surging drug prices observed in recent times.
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