Does Jarkesy Doom the Preserve Access to Affordable Generics and Biosimilars Act?

Reducing the cost of prescription drugs has been a bipartisan priority for years.  One recent effort is the Preserve Access to Affordadble Generics and Biosimilars Act (S. 142), sponsored by Sen. Klobuchar with the support of Sen. Grassley and others.  This bill would give the FTC new authority to investigate settlements between branded and generic drug companies that delay generic/biosimilar market entry and are deemed anticompetitive. The bill proposes allowing the FTC to make factual findings and liability determinations that the district court applies when computing damages.  Our expert panel will discuss whether this bifurcated administrative/judicial arrangement can be squared with SEC v. Jarkesy and more broadly discuss issues around patent settlements in the bio/pharma space.   

Featuring:

• Matthew S. Hellman, Partner, Jenner & Block
• William M. Jay, Partner, Appellate & Supreme Court Litigation, Goodwin Procter LLP
• Prof. Emily Michiko Morris, David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, The University of Akron School of Law
• Matthew D. Rowen, Partner, Clement & Murphy PLLC
• Moderator: Brian Pandya, Partner, Duane Morris LLP

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