# Foreign drug import is now legal: discussion thread
**URL:** https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093
**Category:** Insurance
**Tags:** insulin, canada
**Created:** [May 30, 2017, 4:06pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093 "2017-05-30T16:06:45Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 4:06pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/1 "2017-05-30T16:06:45Z")
**Today’s new Supreme Court decision on foreign patent rights appears to makes it legal to import drugs that are FDA-approved from lower-priced markets into the US.**
In _Impression Products vs Lexmark_, the Supreme Court just ruled that patent rights are exhausted when a patent holder sells a product abroad, meaning that they cannot stop the product from being imported into a third country by claiming it violates patent rights.
**This is a MAJOR shift, that may have momentous consequences on the price of drugs in the US.**
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The material accompanying this announcement has become so large that [we now have a dedicated thread for the core information](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-scotus-decision/1112/). That thread remains closed, so that we may be able to append to it as needed – this one, however, is open!
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The present thread represents the discussion thread for the core material listed above.
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### Author:  [@ClaudnDaye](https://forum.fudiabetes.org/u/ClaudnDaye)
#### Post date: [May 30, 2017, 4:12pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/2 "2017-05-30T16:12:26Z")
This means we can order our drugs from Canada now (1/4th the cost for the same drug sold in the US)?
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 4:17pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/3 "2017-05-30T16:17:47Z")
It appears to do so, when drugs are FDA approved.
This applies only to branded drugs under patent, not to foreign-manufactured generics that are not approved in the US.
It applies to all insulin Analogues.
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 4:18pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/4 "2017-05-30T16:18:24Z")
I believe we are the first place to report this. I am trying to get interviews with patent lawyers to discuss on the forum.
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### Author:  [@TiaG](https://forum.fudiabetes.org/u/TiaG)
#### Post date: [May 30, 2017, 4:24pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/5 "2017-05-30T16:24:56Z")
This could radically reshape the market in a way that could create a strain on Canada’s drug supply chain. I mean, presumably pharmacies there stock drugs based on estimates of how many people need them. Canada’s population is about 36 million, and we have about 300 million people. And presumably the drug cost is negotiated by the government with companies based on an estimate of how much will be purchased by the country… If Canada is all of a sudden importing enough drugs for 100 million people, 70 million of whom used to pay 4X more to the same pharmaceutical company, I would imagine that could change the ultimate price Canada can secure.
So I can see this being, in the short term, a huge boon for people strapped for cash or with expensive copays…then I can imagine Canada restricting purchases from non-citizens or residents.
Or possibly ( a pipe dream) the US may finally decide to negotiate drug prices on our behalf that are not 4X more expensive than the rest of the world.
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### Author:  [@Sam](https://forum.fudiabetes.org/u/Sam)
#### Post date: [May 30, 2017, 4:27pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/6 "2017-05-30T16:27:04Z")
I haven’t read the fine print but I think the ultimate effect might be forcing drug prices in the USA to become competitive to what they are in Canada more than it’ll actually result in people buying their drugs in Canada
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### Author:  [@TiaG](https://forum.fudiabetes.org/u/TiaG)
#### Post date: [May 30, 2017, 4:29pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/7 "2017-05-30T16:29:48Z")
yes I HOPE so! I imagine there will be an awkward growing pains stage though where people are making use of this new capability spontaneously, but the big players have not yet adjusted to the new reality and changed their pricing and marketing strategy.
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### Author:  [@ClaudnDaye](https://forum.fudiabetes.org/u/ClaudnDaye)
#### Post date: [May 30, 2017, 4:40pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/8 "2017-05-30T16:40:04Z")
> [@TiaG](#):
>
> Or possibly ( a pipe dream) the US may finally decide to negotiate drug prices on our behalf that are not 4X more expensive than the rest of the world.
Hope this is what results from the SCOTUS decision…US citizens _shouldn’t have to_ go to another country to afford to live…
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 6:54pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/9 "2017-05-30T18:54:16Z")
17 posts were split to a new topic: [Insurance and the price of drugs](https://forum.fudiabetes.org/t/insurance-and-the-price-of-drugs/1097)
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### Author:  [@Eric](https://forum.fudiabetes.org/u/Eric)
#### Post date: [May 30, 2017, 5:01pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/12 "2017-05-30T17:01:21Z")
> [@ClaudnDaye](#):
>
> This means we can order our drugs from Canada now (1/4th the cost for the same drug sold in the US)?
Well there ya go! When I post something on this site, things happen!
😉
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### Author:  [@docslotnick](https://forum.fudiabetes.org/u/docslotnick)
#### Post date: [May 30, 2017, 5:35pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/14 "2017-05-30T17:35:24Z")
@Michel It appears this decision prohibits the _manufacturer_ from preventing the sale of their drugs from foreign countries into the U.S. But isn’t the holdup with the _FDA_?
What can a drug manufacturer do currently to stop sales of their FDA approved drugs from foreign countries?
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### Author:  [@Chris](https://forum.fudiabetes.org/u/Chris)
#### Post date: [May 30, 2017, 5:41pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/15 "2017-05-30T17:41:39Z")
> [@docslotnick](#):
>
> What can a drug manufacturer do currently to stop sales of their FDA approved drugs from foreign countries?
Drug manufacturers can’t do anything to address the legality of drug importation, but rest assured that they will play hardball with their distributors that get caught doing this.
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 5:42pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/16 "2017-05-30T17:42:50Z")
> [@docslotnick](#):
>
> But isn’t the holdup with the FDA?
No. If the drug is FDA-approved, the FDA does not intervene. There is the issue of which manufacturing facilities are used, which I am not sure of yet.
> [@docslotnick](#):
>
> What can a drug manufacturer do currently to stop sales of their FDA-approved drugs from foreign countries?
In the past, when they were patented, they had the right to forbid their import. Now they can’t do that. I am not sure yet if there is another loophole they can exploit. For sure they can draw tight contracts with third-party resellers, forbidding out-of-country resale. But will they be enforceable in actual practice?
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 6:14pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/17 "2017-05-30T18:14:56Z")
I put up a series of FAQs in the original article. What other questions should I add?
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 7:04pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/18 "2017-05-30T19:04:35Z")
A post was merged into an existing topic: [Insurance and the price of drugs](https://forum.fudiabetes.org/t/insurance-and-the-price-of-drugs/1097)
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 6:51pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/19 "2017-05-30T18:51:47Z")
Splitting the thread. I’d like to keep this one focused on the new decision – putting it on twitter every couple of hours 🙂
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 8:39pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/20 "2017-05-30T20:39:14Z")
Amazing: The Hill and New York Times have both missed the meds’ implications of the SCOTUS case…
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 30, 2017, 11:20pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/21 "2017-05-30T23:20:45Z")
Really weird: none of the big papers have picked up the drug angle on the SCOTUS Lexmark case so far. The ONLY one is, out of all outlets, Gizmodo!
We may be getting an exclusive interview soon.
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### Author:  [@Michel](https://forum.fudiabetes.org/u/Michel)
#### Post date: [May 31, 2017, 5:25am UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/22 "2017-05-31T05:25:10Z")
We are now starting to see some analysis coming out:
- [Thomas Cotter’s Analysis of the ruling](http://comparativepatentremedies.blogspot.com/2017/05/observations-on-impression-products-v.html): he is Briggs and Morgan Professor at the University of Minnesota Law School, and had filed an amicus brief requesting that SCOTUS affirm the Federal Circuit decision. He is unhappy with the decision.
- [Daniel Hemel and Lisa Ouellette’s first thoughts on how the ruling may be skirted](https://writtendescription.blogspot.com/2017/05/licensing-in-shadow-of-impression.html): these thoughts are for tech companies and would not apply to pharma products. But it is likely there are others that may apply to pharma companies.
This, btw, was filed as an Amicus Brief to the court prior to the decision, and supports the thought that gray market imports are a positive outcome:
- [Amicus Brief by Frederick Abbott supporting the SCOTUS decision](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2906967), specifically mentioning the import of pharmaceutical products as a purpose: Frederick Abbott is Edward Ball Eminent Scholar and Professor of International Law at Florida State University College of Law.
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### Author:  [@docslotnick](https://forum.fudiabetes.org/u/docslotnick)
#### Post date: [May 31, 2017, 2:11pm UTC](https://forum.fudiabetes.org/t/foreign-drug-import-is-now-legal-discussion-thread/1093/23 "2017-05-31T14:11:09Z")
> [@Michel](#):
>
> Amazing: The Hill and New York Times have both missed the meds’ implications of the SCOTUS case…
Maybe they think their readers are more interested in printer ink than in the affordability of life saving drugs.
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