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US Capitol Capsule: 11th Circuit's severability ruling could save data exclusivity from another fight

This article was originally published in Scrip

Executive Summary

In deciding it was unconstitutional to force Americans to buy health insurance, a US appeals court on 12 August said the individual responsibility mandate could be severed from the remainder of the 2010 health reform law's other provisions, perhaps sparing the long-fought over, now settled-on 12 years of data exclusivity protection against biosimilars from another bloodied brawl in the ring.

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