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S. 1096 Senate Health

Preserve Access to Affordable Generics and Biosimilars Act

Introduced
Mar 24, 2025
Sponsor
Sen. Klobuchar, Amy (D-MN)
View on Congress.gov (opens in a new tab)

STAGE 3 OF 8 — CALENDARS AND SCHEDULING

Currently in the Senate. Last action: placed on senate legislative calendar under general orders. calendar no. 46 on Apr 10, 2025.

  1. Senate Introduced in Senate Mar 24, 2025
  2. Senate Read twice and referred to the Committee on the Judiciary. Mar 24, 2025
  3. Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Apr 3, 2025
  4. Senate Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report. Apr 10, 2025
  5. Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 46. Apr 10, 2025

Cosponsors

8

Subjects

Administrative law and regulatory proceduresCivil actions and liabilityCompetition and antitrustContracts and agencyFederal Trade Commission (FTC)Intellectual propertyJudicial review and appealsLicensing and registrationsManufacturingMarketing and advertisingPrescription drugs

Committees

  • Judiciary Committee
    • [Reported By, Apr 10, 2025]
    • [Markup By, Apr 3, 2025]
    • [Referred To, Mar 24, 2025]

Summary

Preserve Access to Affordable Generics and Biosimilars Act

This bill prohibits parties from entering into any agreement that resolves or settles a patent claim related to the sale of a drug or biological product and that has anticompetitive effects. Such an agreement is presumed to have anticompetitive effects if the filer of a 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 exempt if the only consideration granted to the generic manufacturer is (1) the right to market and secure final approval for 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 U.S. patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects.

The bill provides for enforcement by the Federal Trade Commission (FTC). Violators are subject to penalties including the forfeiture of the 180-day marketing exclusivity period for a generic drug.

Additionally, 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 and the Department of Justice concerning the agreement contains the complete agreement and any related agreements, including descriptions of any oral agreements or representations.

[Summary as of: Introduced in Senate]

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