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What is generic for pantoprazole, a synthetic Buy prozac online canadian pharmacy progesterone analogue sold under its brand name Nexium, that is not generic at the time of their acquisition by Merck. The court held that, "[a]bove generic rule, Merck does not need to demonstrate, as I would have done, that generic access to OCP alone is 'irreparably denied' as a condition precedent to the acquisition," and that, "[t]here is no constitutional and statutory barrier to the [federal] government's right require that manufacturers manufacture their products for the generics market, and Merck has proven that, for reasons other than the Can i buy topamax online brand-name restriction, its production is impossible because the U.S. FDA does not permit an American patent to cover a 'substantially equivalent composition.'" See Pet. for Cert. (D.D.C. Oct. 22, 2013) at 10-11. As a result of this decision, Merck has been banned from marketing OCP in America. Today, Merck manufactures and markets only Nexium, a substantially identical product; it has not produced for the brand-name OCP's generic alternative. Instead, Merck makes the generic Nexium for its customers, on which it charges substantially higher prices—Merck has raised the price of OCP by some 700 percent since 2006. This court's decision, like many of its rulings in the name of national security and patent protectionism, is flawed. The court held not just that the OCP generic is impracticable because of its alleged brand name restriction, but also that Merck cannot prove it is impracticable. That a mistake on several counts. First, the government's own witnesses are on record conceding that an "acceptable substitute" exists. See, e.g., S. Rep. No. 97-826, at 14 (1976) ("We feel confident that this is a viable product that does what Pfizer says."); App. B to Brief for United States in No. 98-1886, p. 16 (No. 98-19811). A review of Merck's own scientific literature shows that the substitution of Nexium for OCP would substantially reduce the benefits of OCP. See, e.g., id., at 9 (testimony of Dr. John L. Shafroth, Merck's FDA associate director for research and development). The court's next decision is even more misleading, as it claims that the federal government cannot use "the threat of withholding prescription drugs from the market to achieve agency's purpose." Ante, at 14. First, though the claim that OCP cannot reasonably substitute for Nexium is simply false, the government making Pantoprazol 90mg $290.88 - $3.23 Per pill claim with respect to all prescription pantoprazole 40 mg otc drugs (including OCP), a distinction closest over the counter to pantoprazole the court seems not to recognize. See, e.g., Brief for United States as Amicus Curiae 1-3 (noting that the government is making same general-purpose claim with respect to any pill, including OCP, and that it also uses the claim "[s]ubstantially equivalent to."). Second, when a patent is trade secret, the court's reading of "uneconomical" in this case is simply wrong. court refused in Pet. for Cert. (D.D.C. Oct. 25, 2013) to decide whether hear a challenge to patent rights for OCP based on the assertion that drugs were prohibitively costly and could not be made through generic substitution. That claim, made by OCP's manufacturer, Pfizer, is obviously unreasonable. Third, the court claims that government cannot use patent.
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