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It gets complicated, because then you have to get approval from the FDA, and that's where the real expense is.
The generics often tell the court they are being sued in for patent infringement that their drug is totally different from the patented one and that they aren't infringing. And out of the other side of their mouth, they tell the FDA that their drugs are exactly the same as the one they are copying so that they don't have to go through all the patient trials to prove it's safe.
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