Senator Targets Firms Over Improper Patents

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U.S. Senator Tammy Baldwin (D-WI) has written the four biggest drug companies marketing asthma inhalers and urged them to stop unfairly blocking generics from the market. In 1/29 letters (see below) to AstraZeneca, Boehringer Ingelheim, GlaxoSmithKline, and Teva, Baldwin called on the companies to stop improperly listing patents for inhalers in FDA’s Orange Book because it delays competition. “While drug companies are required to list certain patents in the Orange Book, bad actors can exploit this process to inappropriately deter competition and generic drug development, leading to fewer treatment options and higher prices for consumers,” she said in a release.

Last year, the Federal Trade Commission (FTC) issued a policy on removing inappropriate patent listings because they can be an unfair and unlawful method of competition. In November, FTC challenged ten pharmaceutical companies including AstraZeneca, GSK, Teva, and Boehringer Ingelheim for improperly or inaccurately listing more than 100 patents in the Orange Book.

“Despite these warnings, the inhaler companies have not yet removed all of the inaccurate or inappropriately listed patents from the Orange Book,” Baldwin’s release says. “In the letters sent today, Senator Baldwin called on the companies to heed the FTC’s warning, and immediately remove these patents from the Orange Book to restore fair competition for Wisconsinites who rely on inhalers to stay well.”

The letters come on the heels of Baldwin launching an investigation into the high prices the same companies charge for their inhalers.

Read letter to AstraZeneca here.

Read letter to Boehringer Ingelheim here.

Read letter to GSK here.

Read letter to Teva here.

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