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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in pharmaceutical markets exist because by the time generic products can enter the market, they have already become outdated. When the generics become outdated, they lose their benefits.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 i