Madam President, I rise today to oppose the amendment addressing the patent settlements for generic claims. I am sympathetic to the intent of the sponsors of this amendment. I believe that some drug patent settlements may be improper and could be unfairly increasing drug prices for consumers. If that is in fact happening, we should stop the bad settlements and encourage the ones that work. The problem with this amendment, however, is that its scope is much broader and could lead to unintended consequences that could harm consumers and increase costs. That is why I must oppose it. The amendment uses a machete when a scalpel might solve the problem. Not all patent settlements are abusive. They do not all lead to higher costs. In fact, some settlements can actually expedite generic drugs coming to market. According to one recent study by RBC Capital Markets, patent settlements helped expedite 24 of the 37 most recent generic drug approvals. The amendment would allow competing generic manufacturers, in certain cases, to share the 180 days of exclusivity provided under the drug patent law known as Hatch-Waxman. This period of exclusivity was intended to create a market incentive for generic manufacturers to be the first to file a generic drug application with FDA. The amendment is intended to discourage generic manufacturers from reaching settlements with brand manufacturers to delay generic competition.…
Share & report
More from Mike Enzi
Madam President, I have had the pleasure of serving in the Senate alongside Johnny Isakson for close to 15 years, and it has been a privilege to work and join with him on a number of legislative efforts, but, more importantly, Johnny is…
Mr. President, reserving the right to object, if this unanimous consent were passed without a vote or even debate, that would become law. Passage of this request could infringe on the constitutional right of my constituents and many others…
Mr. President, section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, BBEDCA, establishes statutory limits on discretionary spending and allows for various adjustments to those limits. In addition, sections 302 and…
Mr. President, I wish to submit to the Senate the budget scorekeeping report for July 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18…





