The FTC recently challenged over 100 patents in the FDA’s Orange Book, a guide that lists drug products, patents, and viable generics. A patent in the Orange Book for pharmaceutical companies delays competitors from entering the market because of infringement risks. However, the FTC found several instances of medical device patents listed in the Orange Book that overstep the Book’s purpose. These improper patents are artificially extending monopolies to pharmaceutical companies. This adds to the rising costs of inhalers and EpiPens, which come at the consumer’s expense.
View More FTC Dispute Helps to Explain Rising Medical Device Costs