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Uncertainty Remains For Pharma Product Hopping Liability

Law360, New York (August 31, 2017, 12:48 PM EDT) -- Pharmaceutical prices continue to surge, catching the attention of patients, medical professionals and the media alike. These prices can effectively deny patients with more limited resources access to the medical treatment they need or otherwise break the bank.

While a particularly costly drug does not itself indicate legal wrongdoing, antitrust violations are sometimes to blame. For example, former hedge fund manager and founder of Turing Pharmaceuticals, Martin Shkreli, faced public outrage and later legal woes when he hiked the price of Daraprim overnight by 5,000 percent and worked to limit its generic competition.[1]

Product hopping is different. It flies under the...

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