The drugs targeted by FTC are largely older products that have retained some market power because competitors can’t easily duplicate their effectiveness when combined with a specialized delivery device.
“Wrongfully listed patents can significantly drive up the prices Americans must pay for medicines and drug products while undermining fair and honest competition,” said FTC Chair Lina Khan in a statement.
For example, Advair’s main patent expired in 2010, but it remains a blockbuster drug, earning GSK 863 million pounds, or about $1.1 billion, over the first nine months of 2023.
