H.R. 2891 · 117th Congress · House

Preserve Access to Affordable Generics and Biosimilars Act

Active· Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 28 - 13.
Introduced
Apr 28, 21
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Preserve Access to Affordable Generics and Biosimilars Act

This bill authorizes the Federal Trade Commission (FTC) to initiate proceedings against parties to any agreement resolving or settling a patent infringement claim in connection with the sale of a drug or biological product. Such an agreement is presumed to have anticompetitive effects and is a violation of this bill if the filer of the generic drug or biosimilar application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug or biosimilar.

An agreement is exempted if the only consideration granted to the generic manufacturer is (1) the right to market its product prior to the expiration of any statutory exclusivity, (2) a payment for reasonable litigation expenses, or (3) a covenant not to sue on any claim that the generic drug or biosimilar infringes a patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects.

When a generic or biosimilar drug manufacturer enters into an agreement with another drug manufacturer related to the manufacturing, marketing, or sale of a drug, the manufacturers must certify that the material they have given the FTC concerning the agreement contains the complete agreement and any agreements related to that main agreement, including descriptions of any oral agreements or representations.

The bill imposes penalties for violations of this bill, including the forfeiture of the 180-day marketing exclusivity period for a generic drug.

Action Timeline

7
  1. SEP 29, 2021Committee

    Committee Consideration and Mark-up Session Held.

  2. SEP 29, 2021Committee

    Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 28 - 13.

    28Yea
    13Nay
    0NV
  3. APR 29, 2021Committee

    Referred to the Subcommittee on Health.

  4. APR 28, 2021IntroReferral

    Introduced in House

  5. APR 28, 2021IntroReferral

    Introduced in House

  6. APR 28, 2021IntroReferral

    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  7. APR 28, 2021IntroReferral

    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Committees

4

Judiciary Committee

hsju00

Referred: Sep 29, 2021

Active

Health Subcommittee

hsif14

Referred: Apr 29, 2021

Active

Energy and Commerce Committee

hsif00

Referred: Apr 28, 2021

Active

Judiciary Committee

hsju00

Referred: Apr 28, 2021

Active