FDA Law Update - Banning "Pay-For Delay" Settlements and Resale Price Maintenance are Senate Antitrust Subcommittee's Top Legislative Priorities

Sheppard Mullin Richter & Hampton LLP
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In a recent interview, Senator Herb Kohl (D-Wis.), Chairman of the Senate Judiciary Committee's subcommittee on antitrust, competition policy and consumer rights, discussed the subcommittee's legislative priorities for 2010. At the top of the list is passage of the Preserve Affordable Access to Generics Act, which would prevent anticompetitive "pay-for-delay" patent settlements in which a brand-name pharmaceutical company pays a generic drug maker millions of dollars in exchange for an agreement to stop selling a generic version of the drug.

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