Bill > S04370

This bill aims to preserve access to affordable drugs by presuming that certain agreements between pharmaceutical companies that settle patent infringement claims have anticompetitive effects. Specifically, the bill states that such agreements shall be presumed to be anticompetitive if a non-reference drug filer (e.g., a generic or biosimilar drug manufacturer) receives anything of value from the reference drug holder (e.g., the brand-name drug manufacturer) and agrees to limit or forego the research, development, manufacturing, marketing, or sales of its product. The bill provides exceptions where the parties can demonstrate that the agreement has generated procompetitive benefits or that the value received by the non-reference drug filer is fair compensation for other goods or services. The bill also outlines civil penalties for violations and allows the state to seek various legal remedies.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2021/S4370