Pharma Companies Respond to FTC Patent Challenges with Delistings

February 21, 2024

Three pharmaceutical companies—GSK, Kaléo, and Amneal—have agreed to delist several patents in response to the Federal Trade Commission’s (FTC) November challenge, aiming to increase competition by addressing alleged misuse of the patent system. GSK will remove 17 patents related to its inhalers, while Kaléo and Amneal will delist all challenged patents plus additional ones for their epinephrine auto-injectors. Lawmakers have praised this move as a significant response to the FTC’s concerns. However, other companies like Boehringer Ingelheim, AbbVie, Teva, AstraZeneca, and Viatris have not agreed to any delistings. The situation highlights ongoing debates over patent listings and competition in the pharmaceutical industry, with some drugmakers arguing that not listing eligible patents could expose them to legal risks.

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[Source: Endpoints, February 21st, 2024]

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