GPhA Files Amicus Brief in UPSHER-SMITH LABORATORIES INC., v. LOUISIANA WHOLESALE DRUG CO., INC., ET AL
WASHINGTON, D.C. (OCT. 2, 2012) — Statement of Ralph G. Neas, President and CEO of the Generic Pharmaceutical Association:
“Simply put, the Third Circuit erred in its conclusion that the presumption of validity of a patent is not a substantive right of the patent holder. All other circuits that have ruled have held that patent settlements are presumptively valid. The Third Circuit ruling is an outlier.
“This case could determine how an entire industry does business, because it would dramatically affect the economics of each decision to introduce a new generic drug. The current industry paradigm of challenging patents on branded drugs in order to bring new generics to market as soon as possible has produced $1.06 trillion in savings over the past 10 years.
“The facts are clear. Patent settlements save. They are pro-competition, pro-consumer and have saved consumers and taxpayers billions of dollars.”
Click here to view the amicus brief.
GPhA represents the manufacturers and distributors of finished generic pharmaceuticals, manufacturers and distributors of bulk pharmaceutical chemicals, and suppliers of other goods and services to the generic industry. Generic pharmaceuticals fill 80 percent of the prescriptions dispensed in the U.S. but consume just 27 percent of the total drug spending. Additional information is available at gphaonline.org.