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U.S. Supreme Court to determine if brand-name drug companies can pay generic drug companies to keep their products off the market

U.S. Supreme Court

WASHINGTON, D.C. – Senator Chuck Grassley of Iowa, ranking Member of the Senate Judiciary Committee, made the following comment after the Supreme Court agreed to hear a case that will determine if brand-name drug companies can pay generic drug companies to keep their products off the market.

Grassley, along with Senator Herb Kohl of Wisconsin, has legislation that would deter “pay-for-delay” settlements in which brand name drug companies settle patent disputes by paying generic drug manufacturers in exchange for the promise of delaying the release of the generic version of a drug into the market. Under the legislation, these anti-consumer pay-off agreements would be presumed illegal and the Federal Trade Commission (FTC) would have the authority to invalidate the agreements.

The Congressional Budget Office (CBO) estimates that the Preserve Access to Affordable Generic Drugs Act (S. 27) would accelerate the availability of lower-priced generic drugs and generate $4.785 billion in budget savings between fiscal years 2012 and 2021. CBO also estimates that earlier entry of generic drugs affected by the bill would reduce total drug expenditures in the U.S. by roughly $11 billion over the decade.

“Pay-for-delay settlements between brand name and generic drug companies hurt consumers who don’t have access to affordable medications, and they hurt taxpayers who pay for prescription drugs for federal health care programs.  The delays put the interests of drug companies above the interests of consumers.  The Supreme Court’s decision to hear the case is a positive step, and in the meantime I’ll continue to press for our legislation.”

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