Generic Pharmaceutical Association (GPhA) Files Amicus Brief in FTC v. Actavis

Published Online: Friday, March 1, 2013
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WASHINGTON, DC (March 1, 2013) — Today, the Generic Pharmaceutical Association filed its amicus brief in the matter of FTC v. Actavis, the case scheduled to be heard by the Supreme Court on March 25th.

In part, the brief reads: “Consumers benefit when a brand-name drug company that is seeking to exclude a generic competitor for the full term of a patent agrees to halt its litigation and allow early entry of a generic drug.”

It goes on to note, “Indeed, the lynchpin of its [the FTC’s] entire argument…is a staggering oversimplification that ignores the economic, legal, and regulatory context in which these settlements occur.”

The brief also states, “Allowing the generic product to come to market before the patent expires is a pro-competitive result, even if the settlement includes some form of compensation to the generic company in addition to a compromise entry date.”

President and CEO of GPhA, Ralph G. Neas, said, “We believe the court will find that patent settlements are pro-consumer, pro-competition, and transparent. The proof is in the track record: when a patent settlement is reached, consumers gain access to the lower-cost generic medicines prior to patent expiration 100 percent of the time. These settlements have saved the healthcare system tens of billions of dollars over the past decade.”

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