Don’t Let Orange Book Block Competition: 23 AGs

Attorneys General from 23 states and territories are asking FDA to prohibit the use of the Orange Book to block competition. Montana attorney general Tim Fox said the Orange Book “enables the branded drug manufacturer to obtain an automatic 30-month suspension of FDA’s approval of any potential generic competitor claiming a listed patent. This is why Orange Book eligibility requirements for patents are extremely important and ripe for abuse by drug delivery patents. Our coalition is concerned that expansive reading of the Orange Book blocks generics for insulin and other drugs that are vital to so many Americans.”

The attorneys general ask FDA to prohibit companies from listing device and component patents in the Orange Book.

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