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