Tuesday, February 8, 2011

Court Precludes Jury Argument "Extolling Benefits of Generic Drug Pricing" But Permits Evidence of Generic and Name Brand Pricing

Plaintiffs' motion in limine to exclude certain arguments that would ask the jury to nullify patents in favor of lowering the cost of generic drugs was granted in part. "Plaintiffs ask this Court to preclude Defendant from informing jury (1) that generic drugs are less expensive, (2) the purpose of Hatch-Waxman is to balance the rights of the innovator with those of generic drug manufacturers, (3) Plaintiff has a patent monopoly, and (4) the expected role of generic drugs in the healthcare reform. . . . Plaintiffs’ motion with regard to precluding references to a patent monopoly or the role of generic drugs in healthcare reform is granted; Defendants are precluded from extolling the benefits of generic drug pricing, but testimony regarding the difference in prices between generic and brand name drugs is allowed since the experts have relied on such costs in their respective damages analysis; and Defendants are allowed to present an initial and limited presentation of Hatch-Waxman and the generic approval process."

Sanofi-Aventis Deutschland GMBH, et. al. v. Glenmark Pharmaceuticals Inc., USA, et. al
., 2-07-cv-05855 (NJD February 3, 2011, Order) (Cavanaugh, J.)

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