FTC Takes on Drugmakers' Improper Patent Listings, Including Asthma Inhalers

The U.S. Federal Trade Commission (FTC) has sent letters to several medical device companies and drugmakers, including AbbVie, AstraZeneca, and Teva, disputing the accuracy or relevance of 110 patents listed in the FDA's Orange Book. Many of these patents pertain to devices such as asthma inhalers and epinephrine autoinjectors. The FTC argues that wrongfully listed patents can raise drug prices, harm fair competition, and delay the availability of lower-priced generics. Teva, Boehringer Ingelheim, GSK, and Mylan (now part of Viatris) are among the companies that received letters challenging the patents related to their inhalers and EpiPens. The FTC has warned that drugmakers could face legal action for improperly listing patents with federal health regulators.