Patent Law
Pay-for-Delay Ban Left Out of Health Care Bill
By Debra Cassens Weiss
Mar 22, 2010, 06:38 am CDT
Comments
This Health Care reform bill is nothing but a windfall for the Health Care industry. It mandates that everyone purchase insurance but makes zero provisions to actually rein in the out-of-control costs.
Of course, patients could always see their physician and simply not take any of the prescribed drugs. I frequently visit the pharmacy for allergy medications, and have on more than one occasion seen people literally turn around and leave the pharmacy when they’re told that the price for a single prescription exceeds $125, even with their insurance.
By Esq. on 2010 03 22, 9:52 am CDT
Without a group of legislators that can work toward a beneficial health care plan for all,... we get what we get.
Perhaps we should replace the whole lot with independent businessmen without political ties. Maybe then the system will work for us and not special interests.
By Mike on 2010 03 22, 11:13 am CDT
This gives me one more reason to cheer the health reform bill. Not only will it solve a big problem and end an outrage, it will not enact a foolish remedy to a non-existent problem.
This provision would mean that parties to a patent suit cannot settle. Payments from the defendant to the plaintiff in exchange for the plaintiff giving the patent holder what it wants—time to market exlusively—would violate the law. In any case, judges review settlements and they can see if the payment outweighed the litigation risk. Of course, I cannot figure out why a legitimate plaintiff would allow a defendant to buy it off.
The FTC has its head screwed on wrong. That same agency decades ago thought advertising, which gives consumers information, anticompetitive!
By JR on 2010 03 22, 11:39 am CDT
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Just another special interest boondoggle from our dysfunctional Congress.
By B. McLeod on 2010 03 22, 7:27 am CDT