The expedited appeal to the Second Circuit pits New York
State's arguments for facilitating competition in a
"molecule market" (a product market defined by the active
ingredient of a prescription drug) against the brand name
manufacturer's arguments about innovation and compelled support
of potential competitors. The potential competitors are the generic
manufacturers that are expected to receive FDA approval for generic
substitutes for Actavis's first generation Alzheimer's
drug, the twice-a-day Namenda IR. The business plan of Actavis is
to switch Namenda IR prescribers and patients to its once-a-day,
extended-release product Namenda XR and discontinue sales of
twice-a-day Namenda IR. Ten amici briefs have been submitted in
support of Actavis's position, including an amici brief several business school
professors (from Harvard Business School, Stanford University, and
New York University, among others) filed last week in support of
overturning the preliminary
