two sheds
Least noticed poster 2007
No it doesn't - what we are dealing with here is a drug that has already gone generic.
Hatch-Waxman is supposed to be about facilitating generic entry into an originator market but because of its mechanism, and this is very disputed, has allowed originators to restrict generic entry where there is patent protection of dubious validity.
This is the most recent relevant decision from the SCOTUS if you fancy a bit of a long read:
http://www.supremecourt.gov/opinions/12pdf/12-416_m5n0.pdf
Ok I'll bite
This article Why Hedge Funder's Price-Gouging Pill Scandal Is Even Worse Than You Might Think
says that the drug is now "closed distribution" - by raising prices that much the company has prevented other companies from producing generic versions because it's now too expensive for companies to get their hands on enough supplies to do clinical trials with.
So there’s already been one round of price-jacking with this old drug, and now Turing is here to take it to unheard-of levels. In any functioning market, someone else would jump in and offer this compound for less – but Turing’s business plan includes “closed distribution”, that loophole mentioned above to try to keep any other generic companies from getting enough of the drug to run a clinic trial proving equivalence. (What to do about this will be the subject of the next post, going up immediately after this one).