Patents, Drug Pricing, and Price Controls: Understanding How the Inflation Reduction Act (IRA) Will Impact The Value of Pharmaceutical IP

October 24, 2023 8:15am

John T. Bennett
Partner
Allen & Overy LLP

Anita Spieth
Co-Chair, IP Litigation
Choate, Hall & Stewart LLP

  • Analyzing how the IRA’s provisions on drug pricing is impacting pharmaceutical patents
    • Understanding how price negotiation may circumvent pharmaceutical patent values
      • How is the value of IP impacted when drugs are not approved for Medicare/Medicaid formularies?
      • How does renegotiation affect the value of the drug’s patent?
  • Appreciating the significance of Merck v. Becerra with respect to pro-competitive intent of Hatch-Waxman?
  • Evaluating the potential impact of the IRA on pharmaceutical patent litigation
    • What happens when a patent holder’s product is selected for negotiation before or during litigation?
    • What is the impact on recoverable damages in an at-risk launch scenario?
  • Understanding the impact on coordination and discovery
  • Exploring how the IRA can encourage settlement of infringement litigation
  • Practical strategies for safeguarding IP value when your drug is selected for negotiation