FTC Weighs in on Upcoming Third Circuit ‘Product-Hopping’ Appeal

By Carl Hittinger and Mitchell Oates on November 19, 2015 Posted in FTC Act, Sherman Act 1

“Product-hopping” refers to a practice employed by some brand-name pharmaceutical companies in which the company attempts to shift users from an older prescription drug that is going off-patent and will soon face generic competition to a newly introduced similar product from that company. Often, the new product will have a significant term of patent protection … Continue Reading

Product Hopping and Antitrust: Mylan Court Dismisses Claims on Summary Judgment, Citing Need to Avoid Chilling Pharmaceutical Innovation

By Jeffry Duffy on May 29, 2015 Posted in Antitrust Litigation, Patents, Sherman Act 1, Sherman Act 2

A recent summary judgment opinion from the Eastern District of Pennsylvania breaks new ground in the developing antitrust law on “product hopping” claims. “Product hopping” refers to the practice of changing the form or dosage of a branded drug without changing its underlying composition. Though drug manufacturers often make such changes for legitimate business reasons, … Continue Reading

‘Product-Hopping’ Can Be Snagged Under the Antitrust Laws

By Carl Hittinger, Gary Levin and Bill DeVinney on February 2, 2015 Posted in Antitrust Litigation, Articles

The Drug Price Competition and Patent Term Restoration Act, more commonly known as the Hatch-Waxman Act, together with the patent laws, attempt to advance the competing goals of preserving pharmaceutical companies’ incentives to make the staggering investments necessary to bring new, improved drugs to market, as well as fostering lower prices through competition from generic … Continue Reading