S.316 - Preserve Access to Affordable Generics Act Sponsor: Herbert Kohl / 110th Congress

Title
110th Congress - A bill to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market. hidemore...
Summary
A bill to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market. (by CRS)
Status
The bill has passed through committee and has been put on a legislative calendar.

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Bill to Amend the Hatch-Waxman Act of 1984 by Tiffany Hsieh, Mar 18, 2008 (4:36am)

The Hatch-Waxman Act of 1984 helped to facilitate the entry of generic drugs into the market. S 316 addresses the problem of reverse payment in which pharmaceutical companies holding a drug patent pay generic pharmaceutical companies to delay the entry of a generic drug into the market. Congress was acting in response to two major court cases, Schering-Plough v FTC and Tamoxifen Citrate Antitrust Litig, in which reverse payment actions were upheld.
Supporters of the bill believe that it will prevent the anticompetitive reverse payment actions by patent holders. They also believe that the bill will keep pharmaceutical companies in line with the spirit of Hatch-Waxman. Opponents are worried that a blanket ban on settlements with generic companies will reduce incentive for innovation in the pharmaceutical sector. They also believe that it will be more difficult to settle patent infringement cases.

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