Biotech Values

[DewDiligence]

Re: New Congressional attempt to ban generic-drug “pay to delay”

Such agreements, if challenged, would be presumptively anticompetitive and unlawful unless it can be demonstrated “by clear and convincing evidence that the pro-competitive benefits of the agreement outweigh the anti-competitive effects of the agreement.”

Only lawyers could come up with language like this! It’s not clear from the above that this bill would change any actual court rulings on “pay to delay.” If passed, however, the bill will probably intimidate generic-drug companies into not filing Paragraph-IV challenges in the first place, as the blogger noted.