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Is prozac over the counter drug, and drugmaker's patent was due to expire in 2015. The court agreed that "the market for the drugs under investigation had fallen far short" of the threshold statute required. FDA had the power to make generic drug available without patent protection, and the FDA declined to do so. In the meantime, some consumers are finding alternative treatments, such as Prozac in nasal sprays or Valtrex with buprenorphine in patches. There is one exception to those therapies: if you are a patient in long-term treatment program and have been on an approved antidepressant for seven years or more. If you are taking one of these long-awaited treatments, the FDA suggests consulting your doctor about its pros and cons. A lot will depend on your diagnosis and treatment history. How Can This Happen? As usual, we start at the beginning of story: what happened to Prozac in the 1990s is not some unique story. The patent on Prozac was set to expire in 1995. At the time, patent expiration coincided with a surge in sales of Prozac (at least some it attributable to the flu vaccine) and a spike in research development activities the pharmaceutical industry. In 1995, the FDA, which is under supervision of a three-member board, decided to grant the generics manufacturer AstraZeneca 30 days to show that it had a market for these drugs. AstraZeneca submitted a plan showing its drug, Cymbalta (fluoxetine), could be made available through prescription. In the meantime, AstraZeneca filed for an application to approve a new, "narrowly targeted" drug to treat ADHD, a subtype of hyperactivity that has serious physical and behavioral consequences that can be difficult to manage. AstraZeneca hoped shop online pharmacy new zealand patent this new drug, and to protect its existing patent from competition. This strategy was a mistake. The FDA rejected application after determining that the drug was not patentable. AstraZeneca appealed to the Federal Circuit, where it was denied. Although AstraZeneca later withdrew its appeal and the decision was affirmed on rehearing, the Supreme Court reversed. In a one-sentence opinion, the Court rejected FDA's decision, declaring that the drugmaker could not assert a patent for the proposed drug. At that moment, AstraZeneca went back on its promise that it was working "to develop an effective treatment for a serious disease." The Court also denied summary judgment to AstraZeneca's trade plaintiffs, arguing that they were not entitled to summary judgment because the company's own marketing claims could have been sufficiently Can i buy prozac in mexico vague to cover the intended purpose of drug. In other words, the FDA simply said: "You didn't really intend to do anything with is prozac over the counter the drug." The FDA's decision, trade plaintiffs argued, was illegal because it exceeded its authority and the "minimum" requirements for determining whether a proposed drug was patentable. These were the requirements that Supreme Court reaffirmed in 2010. AstraZeneca appealed, and the Supreme Court agreed in 2008 that the FDA had violated Constitution. Supreme Court stated that the Constitution did not permit Congress to "deprive the patent owner of right to exclude others from practicing the art of discovery." If FDA had not adopted the approach it took, could have been sued for patent infringement by another generic manufacturer looking to market the same drug at a high price.

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