As reported at the FDA Law Blog this morning, the House of Representatives passed the inaptly named “Preserve Access to Affordable Generics Act” as part of the War Funding Bill, H.R. 4899 (link from the FDA Law Blog, see p. 74). We noted the existence of this bill in our post a few days ago One Federal Agency’s Crusade Against Patent Litigation Settlements. The bill imposes a de facto ban on the type of generic-branded patent settlements discussed in that post by deeming the agreements “presumptively anticompetitive” and erecting a high standard of proof the companies must meet to overcome the presumption of illegality. Action now moves to the Senate, where a similar bill has introduced.
Update: Generic-Branded Patent Settlements
WLF Legal Pulse
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