Ex-Claims Court Chief Chides Warren's Drug Pricing Plan

By Dani Kass (May 20, 2022, 9:28 PM EDT) -- Sen. Elizabeth Warren's suggestion for how to lower prescription drug costs by using branded companies' patents without permission doesn't hold up to legal scrutiny, according to former U.S. Court of Federal Claims Chief Judge Susan G. Braden.

Warren, D-Mass., in April called for using Section 1498(a) of the U.S. Code to let generic companies or the government make patent-protected drugs without the patent owner's permission, so long as they're properly compensated. But the former chief judge — in an article co-authored with Joshua A. Kresh, her current colleague at George Mason University's Center for Intellectual Property X Innovation Policy — said it's not...

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