Durbin, Cassidy Introduce Drug Competition Bill
Sens. Dick Durbin (D-IL) and Bill Cassidy (R-LA) have introduced the bipartisan Reforming Evergreening and Manipulation that Extends Drug Years (REMEDY) Act to promote competition by removing FDA barriers to approving lower-cost generic drugs. In a statement, Durbin says the bill responds to some efforts by the pharmaceutical industry to extend monopolies on lifesaving drugs.
“The bill would address a perverse incentive for brand-name drug manufacturers to amass secondary patents to stifle generic competition,” the statement says. “Under current law, whenever a generic drug applicant challenges certain categories of patents covering a brand, that automatically triggers a 30-month stay of FDA approval for the generic, regardless of the circumstances of the case and irrespective of how peripheral the brand’s patents may be to the generic’s application…. The REMEDY Act would remove incentives for drug manufacturers to file additional patents, and would lift barriers that delay generic market entry. Under this policy, generic drug manufacturers would be allowed to enter the market more easily, by having more certainty and visibility into the patent landscape.”