FTC challenges ‘junk’ patents held by 10 drugmakers, including for Novo Nordisk’s Ozempic

A box of Ozempic and ingredients rest on a table in Dudley, North Tyneside, Britain, on October 31, 2023.

Lee Smith | reuters

The Federal Trade Commission said this on Tuesday challenging Pharmaceutical companies hold hundreds of alleged “junk” patents for 20 brand-name drugs, including Novo Nordisk’s Blockbuster diabetes drugs Ozempic, Saxenda and Victoza.

This announcement expands the Biden administration’s efforts to break On alleged patent abuse by the pharmaceutical industry. The FTC has argued that drugmakers are unnecessarily listing dozens of additional patents on branded drugs to keep their drug prices high and prevent generic competitors from entering the U.S. market.

The patent dispute adds to the Biden administration’s broader effort to make health care more affordable for Americans — a key pillar of President Joe Biden’s 2024 re-election campaign.

On Tuesday, the agency issued letters to 10 companies warning that some drug patents had been improperly listed. This includes Novo Nordisk, AstraZenecaBoehringer Ingelheim, Covis Pharma, glaxosmithkline, novartis, Teva Pharmaceuticals And Amphastar Pharmaceuticals And also some of their subsidiaries.

Several drug patents are for inhalers for type 2 diabetes as well as asthma and COPD.

The best-selling drugs are protected by dozens of patents covering various ingredients, manufacturing processes and intellectual property. Generic drug manufacturers can launch cheaper versions of a branded drug only if the patent has expired or is successfully challenged in court.

“By filing fraudulent patent listings, pharma companies stifle competition and drive up the cost of prescription drugs, causing Americans to pay exorbitant prices for the drugs they rely on,” FTC Chairwoman Lena Khan said in a release. We do.” “By challenging junk patent filings, the FTC is fighting these illegal tactics and ensuring that Americans have timely access to innovative and affordable versions of the drugs they need.”

The FTC also informed the Food and Drug Administration about the challenges. The FDA manages the patent listing for approved drugs on a document called the Orange Book.

FTC first Challenge: Dozens of branded drug patents expired last fall, causing three drugmakers to comply and delist their patents with the FDA. Five other companies did not do so.