We are now starting to see some analysis coming out:
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Thomas Cotter’s Analysis of the ruling: 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.
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Daniel Hemel and Lisa Ouellette’s first thoughts on how the ruling may be skirted: 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, 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.