Patent Law Updates | New Proposed Legislation
January 21, 2010
Senate Judiciary Committee Passes Bill Banning Pay-for-Delay Settlements on Generic Drugs
Preserve Access to Affordable Generics Act
S. 369, 10/15/2009
The U.S. Senate Judiciary Committee has voted to pass a compromise version of Senator Herb Kohl’s bill banning pay-for-delay settlements that keep generic drugs off the market. The Preserve Access to Affordable Generic Drugs Act (S. 369) will reduce the anti-consumer practice of brand-name drug manufacturers using pay-off agreements to keep cheaper generic equivalents off the market by presuming the practice to be illegal. Under these pay-off agreements, brand name drug companies settle patent disputes by paying the generic drug manufacturer millions of dollars in exchange for a promise that it will keep its version of the drug off the market.
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View a PDF of the proposed legislation