Apr 27, 2026 · 18 min · 15 segments
It’s a case you’ve (probably) never heard of: This week, the Supreme Court is hearing oral arguments in *Hikma v. Amarin* — a legal…
Dan WeissmannHostSarah KoblitzGuestWhen a drug company invents a new medicine, they get a patent, basically an exclusive right to sell it for about 20 years, sometimes a couple extra years.
Exclusive meaning no competition, and that's part of why brand name drugs cost so much.
But when the patent expires, other companies can make a generic version of the exact same drug, and those generics usually sell for much cheaper.
The legal rules of this brand versus generic deal got hashed out back in 1984 in a law called Hatch-Waxman.
We talked all about that in our last episode, but don't worry if you missed it.
When a drug company invents a new medicine, they get a patent, basically an exclusive right to sell it for about 20 years, sometimes a couple extra years.
Exclusive meaning no competition, and that's part of why brand name drugs cost so much.
But when the patent expires, other companies can make a generic version of the exact same drug, and those generics usually sell for much cheaper.
The legal rules of this brand versus generic deal got hashed out back in 1984 in a law called Hatch-Waxman.
We talked all about that in our last episode, but don't worry if you missed it.
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