Page 25 - RWU Law / Issue#4 Fall 2012

The Magazine of Roger Williams University School of Law
applicable patents that may cover a
drug product.
Generic pharmaceutical companies
want to capitalize on the market as soon
as the patents run their course,” she
says. “Sometimes they want to get into
the market even earlier than the patent
expiration date, and they’ll go to court to
argue that their product doesn’t infringe on
the patent or that the patents are invalid.”
Like the smartphone wars, the generic
drug cases are driven by the prospect of huge,
growing global markets and commensurately
huge profits. New conflicts arise faster than
the old ones can be worked out.
If companies like Apple just go on and
on fighting, in the end all of those costs
of litigation are pushed through to the
consumer,” Schweibenz says. It might not
be great for the consumers’ bottom line,
but it can be argued that it’s a necessary evil
to ensure that companies have an incentive
to innovate.
It’s a very exciting area of law to be
involved in,” Schweibenz says. “This stuff is
going to continue to explode.”
International Trade Commission
headquarters in Washington, D.C.
There are some convincing
arguments that patent
law is more of a hindrance
than a benefit, at least in
some industries. Instead of
providing incentive, we’re
seeing a kind of mutually
assured destruction.”
Zoe Argento, Assistant Professor of Law