Brand-Generic Pay-For-Delay Deals May Become Extinct, FTC Finds
Only one of 232 brand-generic patent suit settlements in the US during FY 2016 contained a side deal or commitment not to market an authorized generic.
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Walgreen and other retailers allege no-authorized generic patent settlement for extended-release metformin allowed Santarus (Valeant) to block generic entry for four years while raising the price more than 750%.
Governor Newsom signs bill that presumes brand-generic patent settlements are anticompetitive; AAM says the law violates US Constitution by attempting to regulate transactions outside the state.
CREATES Act and 180-day exclusivity reforms also in legislation headed to US House floor, even as generic industry remains opposed to two of the three main provisions. The Rx pricing language is bundled with Obamacare language designed to force a tough vote by Republicans.