EU Commission welcomes decrease of potentially problematic patent settlements in EU pharma sector, but EFPIA sees no 'discernible trend'

The number of patent settlements in the pharmaceutical sector that are potentially problematic under the European Union's antitrust rules fell to 10% of total patent settlements in the sector in the period July 2008 to December 2009 compared with 22% in the period covered in last year's inquiry into the pharmaceutical sector (January 2000-June 2008).

Patent settlements, or so-called 'pay-to-delay' agreements between originator pharmaceutical companies and generic drugmakers, have been in the limelight recently, with news that the US House of Representatives has just voted to pass legislation to prevent them (The Pharma Letter July 5) and a recent European Court confirmation that AstraZeneca had contravened antitrust laws in generics deals over its anti-ulcerant Losec (omeprazole; TPL July 2).

Value of settlements dropped to less than 1 million euros