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Clearing up Doryx: Lessons from the Third Circuit’s Pharma “Product-Hopping” Decision
Topic: Antitrust and Consumer Protection
By Kevin D. McDonald, a Partner, and Mark R. Lentz, an Associate, with Jones Day in Washington, DC.
Legal Backgrounder, January 27, 2017, 4 pages
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Publication Summary:

A recent appeals court ruling upholding drug makers’ marketplace substitution of similar, newer treatments for older ones offers important lessons—especially to the Federal Trade Commission, whose views were rejected three times in the case.