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Record W1602225646

U.S. v. RxDepot: The Battle Between Canadian Store-Front Companies, the FDA and Brand-Name Companies

2005· article· en· W1602225646 on OpenAlexaboutno aff
Michael Rosenquist

Bibliographic record

VenueMarquette intellectual property law review · 2005
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicIntellectual Property and Patents
Canadian institutionsnot available
Fundersnot available
KeywordsBattleBusinessAdvertisingBrand namesIntellectual propertyLawPolitical scienceHistory
DOInot available

Abstract

fetched live from OpenAlex

Prescription drugs are taken by millions of Americans each year for everything from seasonal allergies to beating cancer. However, millions of Americans each year are without health insurance of some form of prescription drug coverage. When the costs of prescriptions are beyond those Americans' reach, where should they turn to for help? RxDepot, Inc. was a company founded by an entrepreneur, Carl Moore, who believed he had the answer to the problem. In 2002, he began opening stores in the United States where customers could bring in the prescription, have it sent to a Canadian pharmacy, and receive their prescriptions in the mail. This was an attractive idea to some, especially senior citizens, because of Canadian price controls on prescription drugs. Patients would not have to enter Canada to obtain the benefit of the lower prices, but instead could place their order in their own neighborhood. While prospective patients seemed happy, and Carl Moore stood to see his company succeed, the Food and Drug Administration (FDA) stepped in and claimed that RxDepot's actions were illegal. The FDA claimed that RxDepot's business circumvented the FDA's guidelines for safety and the public was at risk. Brand-name drug manufacturers were also upset because generic drugs were entering the United States which may have violated their patent rights without complying with existing law regarding the introduction of generic equivalents. When it looked like a showdown would occur between the FDA, brand-name drug manufacturers, and RxDepot, the FDA was first to succeed in federal court in enjoining RxDepot's business on the public health policy. This left patients without access to affordable drugs and Carl Moore without a successful business. However, the FDA maintained it was helping to save lives by preventing harmful drugs from illegally entering the country. The author traces the short life of RxDepot in the United States, the concerns by many involving intellectual property rights, and seeks to find an answer for those who may have been forgotten in the fight - the patients.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.047
Threshold uncertainty score0.344

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.006
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0230.004
Scholarly communication0.0090.002
Open science0.0020.002
Research integrity0.0210.013
Insufficient payload (model declined to judge)0.0110.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.099
GPT teacher head0.230
Teacher spread0.131 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2005
Admission routes1
Has abstractyes

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