NYIPLA Presidents' Forum States Rights: Should States Legislate Intellectual Property in the Pharmaceutical Sector?

In recent years, the President’s Forum has explored various patent law issues as well as the issue of online platform liability for IP infringement. This year, the second installment of the President’s Forum will address California legislation in the pharmaceutical space and how it interacts with Federal Law. 

Over the past few legislative cycles, both the Federal Government and certain states (e.g. California, Minnesota and New York) have proposed and/or passed several pieces of legislation purportedly aimed at lowering drug prices. These proposals include limiting the ability to settle pharmaceutical patent cases and states’ partnering to manufacture and/or sell generic drugs. Two examples of state laws aiming to curb drug prices that have been passed are AB-824 and SB-852, both passed in California.  Other states have similar proposals currently pending. Should states be able to enact and enforce laws that, in effect, regulate intellectual property and the approval of drugs (with impact well beyond the states’ borders), both of which are typically the purview of the Federal Government? Should the Federal Government pass similar legislation to preempt these state laws?

SPEAKERS:

• Hon. Faith Hochberg, District Judge, United States District Court for the District of New Jersey (Ret.) 
• Karin Hessler, Assistant General Counsel, Association for Accessible Medicines
• David Korn, Vice President, Intellectual Property and Law, Pharmaceutical Research and Manufacturers of America
• Jay Lefkowitz, Partner, Kirkland & Ellis 
• Amanda Lewis, Counsel-Detailee, Antitrust Subcommittee of the House Judiciary Committee
• Corey Salsberg, Vice President, Global Head IP Affairs, Novartis 
• Moderator Dorothy Auth, Partner, Cadwalader Wickersham & Taft
• Moderator Michael Johnson, Partner, Willkie Farr & Gallagher 

Coordinated by the NYIPLA Presidents' Forum Project Team:
Colman Ragan, Jeffrey Butler, and Michael Johnson