Tuesday, December 18, 2012
Our thanks go to the following readers for the following reasons.
First, to Glenn Lammi over at the Washington Legal Foundation, who in response to our Caronia Roundup, pointed out that WLF was having a Web Seminar on the subject. Unfortunately, it was today. Too bad we didn’t get around to posting this in time for the seminar. We'll try to be better next time.
Then there’s Calvert Crary, who sent us a PDF of his Caronia analysis (which we missed - even knowing about it we'll be damned if we can find it on the Web anywhere), which is interesting because it breaks down possible effects of the decision by large branded, small branded, and generic companies. This is the only analysis that we’ve seen that analyzes things this way.
Finally, thanks to Dr. John Duke (yes, some M.D.s actually read the blog) an assistant professor at Indiana University MedicalSchool who informs us of his study discovering that there were more discrepancies between generic and branded labeling than we thought, although most of them were quite minor. A word to the wise – this time our readers in the generic business – since generic preemption is based on “sameness” between generic and branded labeling, it would be a good idea not to risk your best defense but not having labels that actually are the same.