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AHIP Statement Supports Rx Bills Considered By Senate Judiciary Committee

posted by AHIP

on June 27, 2019

AHIP submitted a statement for a markup held in the Senate Judiciary Committee on June 27, 2019 for legislation addressing concerns about out-of-control prescription drug prices.

Our statement expresses support for three bills on the committee’s markup agenda:

Preserving Access to Cost-Effective Drugs Act (S. 440): This bill would prevent patent owners from asserting sovereign immunity as a defense in certain actions before the United States Patent and Trademark Office (PTO). This legislation addresses concerns surrounding an attempt by Allergan, Inc. to circumvent the Inter Partes Review (IPR) process at the PTO—and thereby extend its monopoly power far beyond the time period intended by Congress—through a combination of patent transfer and tribal sovereign immunity.

Stop STALLING Act (S. 1224): This bill takes steps aimed at curbing abuses of the Food and Drug Administration’s (FDA) citizen petition process that can cause unnecessary delays to the entry of less expensive generic drugs. By providing for stronger scrutiny and oversight of citizen petitions and by providing the Federal Trade Commission (FTC) with enhanced authority to take appropriate actions against “sham” citizen petitions, this legislation would help address tactics that delay patient access to more affordable generic drugs.

Affordable Prescriptions for Patients Act (S. 1416): This legislation takes steps to curb two tactics commonly used by drug makers to forestall generic competition—“product hopping” and the creation of “patent thickets.” By empowering the FTC to challenge these tactics as anti-competitive, this legislation can help improve competition and promote patient access to more affordable medications.