California Health and Safety Code

§ 134002

HSC § 134002 Effective Jan 1, 2020Div. 114.01

Statute text

(a)(1) Except as provided in paragraph (3), an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects and shall be a violation of this section if both of the following apply:

(A)A nonreference drug filer receives anything of value from another company asserting patent infringement, including, but not limited to, an exclusive license or a promise that the brand company will not launch an authorized generic version of its brand drug.

(B)The nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer’s product for any period of time.

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Legislative history

Added by Stats. 2019, Ch. 531, Sec. 1. (AB 824) Effective January 1, 2020.