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Obama Takes Aim At Pay-For-Delay In 2012 Budget

Law360 (February 14, 2011, 7:23 PM EST) -- President Barack Obama has made two budget proposals that could hurt brand-name drug giants, seeking to slash their 12-year exclusivity period and do away with pay-for-delay settlements with generic-drug makers.

The proposals would save money for federal health programs and American consumers by increasing the availability of cheaper generic drugs, according to the fiscal year 2012 budget, which was released Monday.

Under the current law, brand-name drugmakers have 12 years of marketing exclusivity along with “broad evergreening authority” that allows them to tweak their products and...
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