Generic drug settlements benefit many patients
Washington: Beth Finkel’s op-ed on generic drug patent settlements (“Ban deals that keep generic drugs out of New Yorkers’ reach,” May 22) uses outdated figures to support a misguided policy that will make it harder for senior citizens to access affordable, reliable prescription drugs. Brand-name drug manufacturers use patent law to protect their profitable products. For example, AbbVie has secured more than 100 patents on Humira, the world’s best-selling drug, many of which were issued after AbbVie’s initial patent expired. These patents are designed to make it difficult for another company to manufacture a more affordable biosimilar of Humira without violating patent law.
These patent “estates” force generic and biosimilar drugmakers to spend significant time and money on lawsuits with the hopes of bringing affordable alternatives to market sooner. Protracted litigation can last years and can ultimately become too costly to pursue to final judgment. Settlements bring generic medicines to market and to patients faster. As a result of settlements, biosimilar versions of Humira may come to market next year, 11 years before patent expiry.
According to recent statistics from the Federal Trade Commission, the patent settlements that Finkel describes are no longer likely to impede the introduction of generic drugs and harm patients. Restricting settlements that provide for early generic and biosimilar entry will lead to less competition. As a result, drug prices will continue to stay higher for longer. Passage of this legislation would support brand-name monopolies over prescription medicine at the expense of New York’s patients. Allen Goldberg
senior vice president, Association for Accessible Medicines