Drug Markets, Out of Court Settlements for Generics in Firing Line
This issue of settling Generic Drug Patent issues out of court was on the site last week, and this week more activity in generic drug deals slowing competition, an article on Frist Word, this time its more obviously illegal but watch this space.
The appeals court had invited the DOJ to submit comments on such deals as the court considers whether to allow a challenge to a $398-million patent settlement between Bayer and Teva’s Barr unit over the antibiotic Cipro (ciprofloxacin).
The head of the department’s antitrust division, Christine Varney, stated in the brief that agreements involving payments by the drug manufacturer to the patent challenger to delay a generic launch “requires the defendant to offer justifications in order to avoid antitrust liability.” In addition, the DOJ remarked that the resulting decrease in drug costs after a generic product is introduced, as well as the terms of federal drug law, “create unique incentives and opportunities for settlements that threaten the public interest, incentives and opportunities apparently not found elsewhere.” The DOJ declined to take a position on the litigation launched by drug purchasers against Bayer and Barr over the drugmakers’ 1997 settlement to delay the introduction of a generic version of Cipro
If you would like more detail in this area please get in touch with Damien Bové damien.bove@idaconsultants.com
Damien Bové works as a drug development consultant (pharmaceutical or biotechnology) and regulatory consultant, we work with our clients to define a drug development target, define a drug development strategy, define a regulatory strategy or define a commercial strategy. Our clients are generally raising funds or looking to license out their technology and we help them achieve it. If you want to know more don’t hesitate to get in touch.
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