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Actavis decided to introduce an extended release version (XR) with a patent extending through 2019. For a period of time, it marketed both the original and extended versions. However, despite offering incentives for patients to adopt the XR version, this approach, known as a “soft switch” was relatively unsuccessful. Actavis then announces that it is going to discontinue the original version ... forcing patients to switch to the XR version and limiting the opportunities for generic manufacturers. This is known as a “hard” or “forced” switch. The company ran afoul of the legal implications of the Hatch-Waxman Act.
Author(s):
William E. Matthews
William Paterson University
United States
E.J. (Roy) Knaus
William Paterson University
United States
