December 20, 2023
On November 7, 2023, the FTC challenged over 100 patents that it says were improperly listed in the FDA’s Orange Book, asserting that the listings could “drive up the prices Americans must pay for medicines and drug product while undermining fair and honest competition” (according to one Commissioner). These actions were not a surprise, however, because the FTC previewed them in its September Policy Statement specifically addressing the “Improper Listing of Patents in the Orange Book.”
Foley Hoag presented an informative legal webinar when we looked at this and related issues. Specifically, our webinar addressed:
