August 11, 2026
In a recent blog post, the Pharmaceutical Care Management Association (PCMA) highlighted increased attention to pharmaceutical companies’ abuse of drug patents. Last month, the Supreme Court unanimously ruled in favor of a generic drugmaker in a “skinny labeling” case, a victory for patients. Skinny labels allow generic and biosimilar competitors to launch products for non-patented indications, helping accelerate market entry while avoiding infringement claims tied to patented uses. Health economist Alex Brill remarked, “The potential consequences of this decision in terms of healthcare savings are meaningful. Prior research has pointed to significant Medicare Part D savings–nearly $15 billion from 2015 to 2021–associated with skinny label generics.”
Relatedly, David Marin, President and CEO of PCMA, wrote an op-ed calling on Congress to take action to end “Big Pharma’s war on generics.” Marin wrote, “The high prices are part of Big Pharma’s masterclass in patent loopholes and legal maneuvering.
Congress has an opportunity and a responsibility to address these practices and restore competition.” PCMA also released a new video explaining how Congress can make drugs more affordable by prohibiting “patent thickets” via the Eliminating Thickets to Improve Competition (ETHIC) Act. Patent thickets are a tactic brand drug manufacturers use to extend the exclusivity of their drugs beyond the end of their initial exclusivity period by filing multiple additional and meaningless patents on the same drug, creating a wall of patents that blocks lower-cost alternatives from reaching patients.
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