GPhA Urges Super Committee to Oppose Ban on Patent Settlements

Published Online: Tuesday, November 15, 2011
Follow Pharmacy_Times:
The Generic Pharmaceutical Association (GPhA) today reasserted its opposition to a legislative ban on pro-consumer patent settlements and praised policymakers urging the Congressional Super Committee to avoid adopting such a policy, which would serve to impede access to safe, effective, and affordable generic drugs, it said.

“The facts are crystal clear—patent settlements save consumers and taxpayers billions of dollars,” said Ralph G. Neas, President and CEO of GPhA, in a statement. “The growing chorus of lawmakers urging the Super Committee to resist efforts to put a patent settlement ban into their recommendations offers further proof—such a ban is bad public policy that would have a detrimental impact on the American public and eliminate billions of dollars in health care savings from our country.”

This month alone, members of the House, Senate and even the Federal Trade Commission (FTC) have spoken out against this legislative ban on patent settlements.
In a letter to the editor published last week, FTC Commissioner J. Thomas Rosch labeled any projected savings from a ban on settlements as “inherently speculative” and asserted that such a policy “should not be tacked onto any other piece of legislation.”

Further, 9 US Senators called on the Super Committee to avoid this “controversial” legislation, acknowledging that the bill “disregards the fact that patent settlements in practice end expensive and protracted legislation, therefore allowing generic drugs to come to the market faster.”

Finally, a letter from Reps. Lamar Smith (R, TX) and Bob Goodlatte (R, VA), chairs of the House Judiciary Committee and Subcommittee on Intellectual Property, respectively, laid bare the supposed savings a ban on settlements would bring to consumers and the US health care system.

“Not only does the bill make bad policy… but claims that it might modestly reduce the deficit are highly doubtful,” Reps. Smith and Goodlatte said. “Indeed, we believe the bill is as likely to increase the deficit as decrease it.”

GPhA urges policymakers to avoid this legislation. Rather than concentrating their efforts on banning pro-consumer and pro-competitive settlements, GPhA urges lawmakers to focus on initiatives that promote consumer access to safe and effective generic drugs.
Related Articles
Kelli Kovak, industry expert on the pharmacy benefit manager industry and health care network designs, gives her perspective on how new health networks will benefit the business of pharmacy, how this will impact on patient choice, and how private pharmacies can stay connected and competitive.
This weekly video program highlights the latest in pharmacy news, product approvals, FDA rulings, and more.
The dean of the University of Oklahoma College of Pharmacy has 3 main pieces of advice for pharmacy students: show gratitude, be on the lookout for new opportunities, and never say never.
Why is there still a big divide on whether a residency can benefit a pharmacy career?
Latest Issues
  • photo
    Pharmacy Times
    photo
    Health-System Edition
    photo
    Directions in Pharmacy
    photo
    OTC Guide
    photo
    Generic Supplements
  • photo
    Pharmacy Careers
    photo
    Specialty Pharmacy Times
    photo
    Generic
$auto_registration$