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Association for Accessible Medicines Files New Patent Infringement Claims

On August 25, 2020, the Association for Accessible Medicines filed a new Complaint challenging California’s Assembly Bill 824 (“AB 824”).  Enacted in October 2019 and in effect as of January 1, 2020, AB 824 imposes a presumption of anticompetitive effect on certain agreements that involve generic or biosimilar manufacturers and that resolve patent infringement claims in connection with the sale of pharmaceutical products.

Specifically, Section 134002(a)(1) of the Act provides that “an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects and shall be a violation of this section if both of the following apply”:

Read the source article at jdsupra.com

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