The Source recently contributed to a white paper published by the National Academy for State Health Policy (NASHP) that weighs in on whether state drug rate-setting legislation violates patent law. The Source’s Managing Editor Amy Y. Gu and Senior Research Fellow Katie Gudiksen, along with a team of legal experts at the Institute for Innovation Law at the University of California Hastings College of the Law, explored in States’ Rights: A Patent Law Analysis of NASHP Rate Setting Model Act what states can do to address the rising cost of pharmaceuticals without violating federal patent law. As states have a strong interest in regulating the cost of prescription drugs and other patent-protected medical products, this latest legal brief may be useful for state legislators and attorneys general as they structure cost control legislation for prescription drugs to withstand patent challenges.
Read the NASHP blog coverage here.