New episode: The Supreme Court case that could slow generic drugs

Something big is happening in the world of drug prices tomorrow… and we have a new episode out now covering everything you need to know about it.

The Supreme Court is hearing oral arguments in a case you may never have heard of — but one that could have a big impact on how long it takes for expensive brand-name drugs to become cheaper generics.

The case is Hikma v. Amarin, and the drug industry buzzword at the heart of it: the “skinny label.”

We break it all down — including how the ruling could impact what we pay at the pharmacy counter.

Here’s the basic idea: When a generic version of a drug comes to market, prices usually fall fast. They typically drop by about half right away, and within ten years, they can fall by more than 75 percent. So the sooner generics arrive, the sooner drugs become affordable.

One of the fastest pathways generic drugs take to get to market is through a skinny label. That’s a legal carveout that lets a generic drug launch when one of the brand-name drug’s patents has expired, even if others are still in force.

Law professor Sean Tu, who helps us unpack the case, says skinny labels are part of the “balance” Congress built into the Hatch Waxman Act: the 1984 law that governs how brand-name and generic drugs compete.

He says this case could tip that balance toward brand-name drug companies — and make it easier for them to extend their monopolies through patent games.

So who — and what — is actually in front of the Supreme Court?

The brand-name company is Amarin, which makes a drug called Vascepa. When its patent on one use of the drug expired, generic maker Hikma launched a skinny-label version.

But Amarin says Hikma broke the rules. Experts we spoke with are… not so sure. And now it’s up to the Court to decide how legit Amarin’s claims are.

However they rule, it’s likely to have a major impact on how both sides of the industry approach drug patents — which, of course, would have downstream effects on the rest of us.

We break it all down in the episode. Check it out?

And then if you wanna really lock in: Oral arguments are tomorrow, April 29th. It’s the second case of the day — so it should start sometime around 1 pm EST. You can tune in here. We’ll be listening — and we’ll report back.

‘Til then!