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Senate panel clears 'pay for delay' bill
The Senate Judiciary Committee on Thursday cleared a bill that would severely curtail pharmaceutical industry deals to delay the entry of low-cost generic drugs on the market.
The bipartisan bill seeks to put an end to the practice of brand-name drugmakers settling patent challenges from generic manufacturers by paying them to delay their products. The Federal Trade Commission has said that ending the so-called "pay for delay" deals would save American consumers at least $3.5 billion a year in cheaper medications, but the industry disputes that.
"Additionally," GPhA says, "the bill includes a provision that would retroactively extend the ban on pro-consumer patent settlements to products already on the market. That means patients who today rely on safe, affordable generic medications for their treatment could potentially lose access to these medications, leaving them with only one, more expensive product as an option."
The bill, championed by Sens. Herb Kohl (D-Wis.) and Chuck Grassley (R-Iowa), now goes to the Senate, where it has died in the past. The Republican-controlled House is also seen as unlikely to pass the bill.
