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15 N. Ill. L. Rev. Supplement i (2025)

handle is hein.journals/nnislwrsp15 and id is 1 raw text is: 






        NORTHERN ILLINOIS UNIVERSITY

                    LAW REVIEW

        VOLUME  15                  SPRING 2025                  NUMBER  1
                                   ONLINEJOURNAL


                                CONTENTS

                          NOTES AND COMMENTS

The  Road  to Hell Is Paved With  Good  Intentions: Patents, Pharmaceuticals, and
Price Gouging

Madelyn   Bird....................................................................................................................1

  Pharmaceutical companies  are subject to monopolies of their own  making  in the
pharmaceutical market. Legislators have tried to limit these monopolies bypassing legislation
in the hopes that it will lower prices. Unfortunately, these attempts to lower the costs of
prescriptions have caused more issues to arise over time. When employing complex aspects of
intellectual property law, such as evergreening and product hopping, there is no control
exerted over pharmaceutical companies.
  These monopolies in pharmaceutical markets exist because by the time generic products can
enter the market, they have already become outdated. When the generics become outdated,
they lose their benefits. The control these companies have over the pharmaceutical market
allows the manufacturers to exploit their monopolies via price gouging. Legislators have
turned to hoping generic brand companies have good intentions in having lower prices than
brand name products to assist consumers. Grounding any potential remedies to these issues in
intellectual property law and antitrust law will make legislation more effective. Introducing
and passing new legislation is difficult if legislators do not understand the intricacies of
intellectual property.


Illinois's Latent Disease Transformation: No More  Harsh  Rulings

Joseph  R. Egan................................................................................................................27

  Recent amendments  to Illinois statutes related to latent diseases have been the topic of
current litigation. Traditionally, Illinois has placed a time limit on filing latent disease
suits; however, after several self-described harsh rulings, the legislature amended this
time-barring statute. Additionally, unlike before, plaintiffs are now allowed to go directly
after employers. Employers have raised several issues concerning the constitutionality of
the amendments to these statutes.
  This Comment   argues that the recent amendments   by the Illinois legislature are
constitutional because they do not violate 'special legislation' and are not applied
retroactively. Trial judges and the Illinois Attorney General have all dealt with these issues


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