US Bill Would Prohibit Generics Delay

The practice of brand name companies paying generic manufacturers to delay the entry of lower-priced generics into the market could become illegal, if a bill before the United States House of Representatives passes. The bill (available here [pdf]) is “to prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes.” It went before the House Committee on Energy and Commerce subcommittee on Commerce, Trade and Consumer Protection Wednesday for markup. Three amendments were proposed, one of which appeared to pass, according to the committee’s website. The amendment would require a series of studies to measure the bill’s effect on patent infringement claims involving generic drugs.

Meanwhile, the House Judiciary Committee held a hearing Wednesday on a related topic. The event is titled “Pay to Delay: Are Patent Settlements That Delay Generic Drug Market Entry Anticompetitive?”