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DBL%20Hendrix%20small.png College chemistry, 1983

Derek Lowe The 2002 Model

Dbl%20new%20portrait%20B%26W.png After 10 years of blogging. . .

Derek Lowe, an Arkansan by birth, got his BA from Hendrix College and his PhD in organic chemistry from Duke before spending time in Germany on a Humboldt Fellowship on his post-doc. He's worked for several major pharmaceutical companies since 1989 on drug discovery projects against schizophrenia, Alzheimer's, diabetes, osteoporosis and other diseases. To contact Derek email him directly: derekb.lowe@gmail.com Twitter: Dereklowe

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In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

In the Pipeline

« Our Friend the Phosphate Group, Redux | Main | Nature Stood Me Up »

August 15, 2002

Great Moments in Legal Reasoning

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Posted by Derek

I can't resist passing on this argument, made unsuccessfully by Schering-Plough. It's a tactic that's been tried before, and has never worked. But desperate times demand such measures, I suppose, although - well, you be the judge.

SGP's Clarinex is, as I've mentioned, extremely similar to their Claritin. It's an active metabolite, so if you've taken Claritin, you've taken Clarinex. That's the whole point, according to Schering. If you allow other companies to sell Claritin as a generic, then when people take it, their bodies will turn that into Clarinex.

Which is, of course, a patented, proprietary substance. Which these patients are breaking the law by producing - led into this illegal act by the actions of a generic drug maker. Shocking!

This didn't fly. For this and other reasons I'll go into next week, Schering ended up on the losing side (by a summary judgment) and generic Claritin (loratadine) moved much closer to the market.

[Disclosure added on 8/16: notwithstanding the tone of the above, I actually own some SGP stock, back from the days when it was a good performer.]

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