FTC challenges ‘junk’ patents held by 10 drugmakers, including for Novo Nordisk’s Ozempic

The
Federal
Trade
Commission
on
Tuesday
said
it
is

challenging
hundreds
of
alleged “junk”
patents
held
by
pharmaceutical
companies
for
20
brand-name
drugs,
including


Novo
Nordisk’s
blockbuster
drugs
Ozempic,
Saxenda
and
Victoza.

The
FTC
issued
letters
to
10
companies,
warning
them
that
certain
drug
patents
were
improperly
listed.
These
companies
include
Novo
Nordisk,


AstraZeneca,
Boehringer
Ingelheim,
Covis
Pharma,


GlaxoSmithKline,


Novartis,


Teva
Pharmaceuticals
and


Amphastar
Pharmaceuticals,
as
well
as
some
of
their
subsidiaries. 

Many
of
the
drug
patents
are
for
Type
2
diabetes,
along
with
asthma
and
inhalers
for
chronic
obstructive
pulmonary
disease,
or
COPD. 

Most
top-selling
medications
are
protected
by
dozens
of
patents
covering
various
ingredients,
manufacturing
processes,
and
intellectual
property.
Generic
drugmakers
can
only
launch
cheaper
versions
of
a
branded
drug
if
the
patents
have
expired
or
are
successfully
challenged
in
court.

“By
filing
bogus
patent
listings,
pharma
companies
block
competition
and
inflate
the
cost
of
prescription
drugs,
forcing
Americans
to
pay
sky-high
prices
for
medicines
they
rely
on,”
FTC
Chair
Lina
Khan
said
in
a
release. “By
challenging
junk
patent
filings,
the
FTC
is
fighting
these
illegal
tactics
and
making
sure
that
Americans
can
get
timely
access
to
innovative
and
affordable
versions
of
the
medicines
they
need.”

The
FTC
also
notified
the
Food
and
Drug
Administration
about
the
challenges. The
FDA
manages
patent
listings
for
approved
drugs
on
a
document
called
the
Orange
Book.

The
FTC
first

challenged
dozens
of
branded
drug
patents
last
fall,
leading
three
drugmakers
to
comply
and
delist
their
patents
with
the
FDA.
Five
other
companies
did
not. 

The
Tuesday
announcement
expands
the
Biden
administration’s
effort
to

crack
down
on
alleged
patent
abuses
by
the
pharmaceutical
industry.
The
FTC
has
argued
that
drugmakers
are
needlessly
listing
dozens
of
extra
patents
for
branded
medications
to
keep
their
drug
prices
high
and
stall
generic
competitors
from
entering
the
U.S.
market. 

The
patent
disputes
add
to
a
broader
effort
by
the
Biden
administration
to
make
health
care
more
affordable
for
Americans
–
a
key
pillar
of
President
Joe
Biden’s
2024
reelection
campaign. 

“We
applaud
the
FTC’s
work
with
FDA
to
crack
down
on
Big
Pharma’s
patent
games
and
lower
costs
for
prescription
drugs—including
weight
loss
and
diabetes
drugs,”
Jon
Donenberg,
National
Economic
Council
deputy
director,
said
in
a
statement
to
CNBC.