New York S03203 aims to preserve access to affordable drugs by presuming anticompetitive effects in patent infringement agreements if certain.
New York S03203 amends the public health law to address agreements resolving or settling patent infringement claims related to pharmaceutical products. The bill presumes such agreements have anticompetitive effects if a nonreference drug filer receives anything of value from another company asserting patent infringement and agrees to limit or forego research, development, manufacturing, marketing, or sales of their product. Exceptions include agreements that do not delay market entry or cause harm due to potential patent infringement.
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