AAM Slams California Pay-For-Delay Ban
Off-Patent Association Decries California Ban As Unconstitutional
US off-patent industry association the AAM has blasted as unconstitutional a groundbreaking California law banning so-called ‘pay-for-delay’ deals under which brand companies pay rivals to keep generics off the market.
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As the AAM failed to demonstrate a “concrete or imminent” injury to its member companies, a US appeals court has rejected the agency’s challenge to the Californian law banning “pay-for-delay” deals.
Governor Newsom signs bill that presumes brand-generic patent settlements are anticompetitive; AAM says the law violates US Constitution by attempting to regulate transactions outside the state.
A California Court has secured four major settlements worth $70m with pharmaceutical companies over allegations of entering into collusive pay-for-delay agreements, including two with Teva.