On April 30, 2024, The Federal Trade Commission (FTC) expanded its campaign against pharmaceutical manufacturers’ listing of patents in the FDA’s Orange Book that may be improper or inaccurate. The FTC is disputing "junk” patent listings for multiple blockbuster prescription medications used to treat diabetes, weight loss, asthma and COPD, including drugs such as Ozempic, Victoza and Saxenda.
As part of this expanded effort, the FTC notified the FDA of its concerns and sent warning letters to 10 companies, challenging the accuracy or relevance of more than 300 patent listings across 20 different brand name products. These patent listings are currently included in the FDA’s publication of “Approved Drug Products with Therapeutic Equivalence Evaluations”, also known as the Orange Book. The Orange Book lists drug products approved by the FDA, along with related patent and exclusivity information for those products. Improper listing of patents in the Orange Book can delay cheaper generic alternatives from entering the market, keeping brand name drug prices high for a longer time. By challenging potentially improper patent fillings, the FTC is attempting to hasten the availability of generic alternatives to make these medicines more affordable for everyone.
The FTC initiated their campaign in September 2023 by releasing a policy statement regarding their scrutiny of medication patent listing in the Orange Book. In November, they challenged over 100 patent listings for medications specific to asthma and other inhaler devices, certain eye drops and epinephrine auto-injectors. In response to this warning, some manufacturers delisted patents from the Orange Book and others announced commitments to cap out-of-pocket costs for their products.