FTC: End Drug Patent Settlements to Save $35B
The Federal Trade Commission (FTC) Chair has stated that eliminating lucrative patent settlements between brand-name and generic drug companies would save consumers $3.5 billion annually. The FTC has been working on a long campaign against so-called "pay-to-delay" settlements.
A pay-to-delay settlement is where a branded drug company rewards a generic competitor for keeping cheaper versions of its drugs off the market. The companies argue that these settlements are an efficient way to end costly patent litigation and speed the delivery of cheaper treatments to the market. However, it serves to keep the less expensive competitive drugs off the market and deprives consumers of low-cost medicines.
These arrangements are clearly a win-win deal for both companies, but they leave American consumers footing the bill. The brand-name company does away with competition while it sells its drugs and the generic company gets money for doing nothing.
http://www.google.com/hostednews/ap/article/ALeqM5i1_o5I3fLOyIw5lF7KRNrLUlzHAAD990L1JO0
Prescription Drug Fight Goes Before Appeals Court
The "data-mining" companies that collect information about the drugs that doctors prescribe asked an appeals court Tuesday to stop Vermont from enacting a law restricting their work. The attorney for the groups said that the law would violate the First Amendment rights of the companies.
The attorney, representing IMS Health Inc., Verispan LLC, and Source Healthcare Analytics Inc., told the judges that information gathered by the companies is noncommercial speech protected by the First Amendment. He said the companies are the world's leading publishers of information regarding the pharmaceutical and healthcare industries.
These companies gather electronic information showing which doctors prescribe which medications most frequently and publish unique reports-"a form of specialized news reporting."
These companies have tried to block laws restricting their activities in New Hampshire, Maine, and Vermont and more than 20 state legislatures have looked at the issue.
An assistant attorney general on the case says no substantial First Amendment issues are at stake. She called the work done by the companies a "covert marketing tool." She said the state had proven that data marketed by the companies led to higher healthcare costs and contributed to inappropriate prescribing decisions.
http://www.google.com/hostednews/ap/article/ALeqM5g-kI26F9PbQA4pJW0zHIsJlr-J0QD990M5T81
|