Judge Jackson’s Patent, FDA Rulings Show She Is ‘Super Smart’ And Would Be Beneficial For Pharma

Supreme Court nominee issued three decisions on Hatch-Waxman regime as district court judge, including case in which she ruled against the FDA’s denial of orphan drug designation and another in which she deferred to the agency’s view on exclusivity. Her analysis of facts may play a role if the court takes up a case on administrative agency deference.

Ketanji Brown Jackson
Supreme Court nominee Ketanji Brown Jackson has track record deciding patent cases • Source: Alamy

While pharmaceutical-related cases that go before the US Supreme Court do not fall along the ideological divide, there is one issue on which Ketanji Brown Jackson’s appointment to the court may be a factor: whether administrative agencies should be given deference when laws are ambiguous.

As US District Judge on the US District Court for the District of Columbia, Jackson issued two decisions in cases that challenged the US Food and Drug Administration’s interpretation of the statute governing eligibility for market exclusivity

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