Thompson Coburn partner Olga Berson recently shared her insights in a Law360 article on the growing bipartisan push in Congress to tackle perceived issues with pharmaceutical pricing and patient treatment. Her analysis highlights several crucial pieces of legislation currently under consideration, along with their potential impact on pharmaceutical innovation, the biosimilar market, and the long-term value of intellectual property for companies and investors.
Olga specifically pointed to the Drug Competition Enhancement Act, which “targets product hopping, a tactic in which branded manufacturers reformulate existing drugs — such as switching from a capsule to an extended-release tablet, substituting a racemic mixture with a single enantiomer, or combining previously marketed drugs — to delay or avoid generic entry.”
She also discussed the Interagency Patent Coordination and Improvement Act. “While the objective is to enhance consistency and efficiency, increased coordination could lead to procedural delays or affect the timing of exclusivity determinations,” wrote Olga.
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