In the Press
December 8, 2023

New Drug Patent Proposal Sparks Worry Over Gov't Overstep (Law360)


The Biden administration's proposal to seize drug patents if the prices of the medicines are deemed unreasonable is expected to face significant legal pushback, and the potential effects on the pharmaceutical industry may not be what the administration had in mind, experts say. The framework is a surprising reach of federal authority, according to Matt Wetzel, Life Sciences partner. "I look at it almost like it's a first step towards nationalizing an industry… This sort of excessive government authority is troubling on some level and needs to be watched," Wetzel said to Law360. Both drug and medical device manufacturers should be thinking about their strategies for getting to market if they choose to accept federal funding, he said. "There's nothing that would prohibit an agency from also applying the same frameworks to medical devices too, so I think the whole sort of medical products do need to be paying close attention to what happens next," Wetzel added.