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Doesn’t the marketing of Authorized Generics offer consumers benefits during the 180-day exclusivity period while preserving the value of patent challenges?

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Doesn’t the marketing of Authorized Generics offer consumers benefits during the 180-day exclusivity period while preserving the value of patent challenges?

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Yes. The introduction of Authorized Generics in the marketplace lowers prices during the 180-day exclusivity period, and the presence of Authorized Generics does not eliminate the economic incentive for challenging patents. As stated before, if an Authorized Generic is available during the 180-day period, the patent-challenging generic still has a return on investment of 470%.10 There is no evidence that patent challenges are discouraged.

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