[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/drug-company-forced-switch-extends-patent-to-prevent-generic-competition\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/drug-company-forced-switch-extends-patent-to-prevent-generic-competition\/","headline":"Drug Company Extends Patent to Prevent Generic Competition","name":"Drug Company Extends Patent to Prevent Generic Competition","description":"Namenda-IR\u00a0for Alzheimer\u2019s, manufactured by Forest Laboratories, is a popular medication that will be going off patent in April 2015, and more than ten generic versions of the drug will be entering the market at that time. The new generic formulation, known as\u00a0Memantine, will offer the same benefits at a much lower cost. In order to...","datePublished":"2014-09-23","dateModified":"2024-05-02","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","width":383,"height":427},"url":"https:\/\/www.rizklaw.com\/blog\/drug-company-forced-switch-extends-patent-to-prevent-generic-competition\/","about":["Consumer Alerts"],"wordCount":409,"articleBody":"Namenda-IR\u00a0for Alzheimer\u2019s, manufactured by Forest Laboratories, is a popular medication that will be going off patent in April 2015, and more than ten generic versions of the drug will be entering the market at that time. The new generic formulation, known as\u00a0Memantine, will offer the same benefits at a much lower cost.In order to maintain\u00a0Namenda\u2019s\u00a0profitability, Forest Laboratories has announced that it will be discontinuing\u00a0Namenda-IR,\u00a0switching everyone using the medication to a new patented, extended release version known as\u00a0Namenda-XR\u00a0about six months before generic\u00a0Memantine\u00a0becomes available.Pharmaceutical Companies Use Forced Switching to Delay CompetitionForced Switching has been used by the pharmaceutical industry\u00a0strategically and legally to delay and prevent competition many times in the past.\u00a0Manufacturers will\u00a0discontinue a branded medication before it loses patent protection and faces generic competition and\u00a0offer a different formulation in its place at a slightly different dosage or an extended release formulation that requires a different dosing schedule.If a medication\u2019s branded formulation remains available on the market and physicians prescribe that formulation to their patients, pharmacies are required by private and public insurance programs to instead dispense the cheaper, generic equivalent of the medication, diminishing the company\u2019s market share and profitability.If the branded formulation is discontinued and physicians are instead forced to prescribe a newer, patent protected branded formulation, pharmacies must continue to dispense the more expensive, branded formulation.Forest Laboratories\u2019 Strategy to Extend Patent and Prevent CompetitionGetting as many people using the new version as soon as possible before the generic formulation is available\u00a0is in Forest\u2019s interest. Anyone with a prescription for\u00a0Namenda-IR\u00a0will have to get a new prescription for the newer once-a-day\u00a0Namenda-XR\u00a0\u2013 the one that has a longer patent life. Forest is counting on the fact that, once you are forced to switch to extended-release\u00a0Namenda-XR, you will be less likely to switch to generic\u00a0Memantine when it is available.What Physicians and Patients Can Do To Keep Drug Costs DownForced Switching results in higher overall healthcare costs at a time when cost containment is so\u00a0important. Physicians have been advised to take on the responsibility of providing cost-effective care for their patients by writing prescriptions for generic formulation\u00a0Memantine\u00a0at the dosage for which it has been FDA-approved. Patients are also advised to watch for the upcoming availability of\u00a0Memantine\u00a0and talk to their doctors about it when it becomes available."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Drug Company Extends Patent to Prevent Generic Competition","item":"https:\/\/www.rizklaw.com\/blog\/drug-company-forced-switch-extends-patent-to-prevent-generic-competition\/#breadcrumbitem"}]}]