Bipartisan Package to Curb Pharmaceutical Industry Abuses and Lower Drug Prices Wins Senate Judiciary Committee Approval

Alex Moss | April 4, 2025

In a powerful display of bipartisan unity, the Senate Judiciary Committee this week advanced a sweeping legislative package aimed at lowering prescription drug costs by curbing the pharmaceutical industry’s abusive patenting and marketing practices. The committee’s unanimous approval of four bills and strong bipartisan support for others underscores widespread recognition that pharmaceutical companies’ anti-competitive practices—such as “pay-for-delay” deals and patent abuses—hurt American patients, providers, and taxpayers alike.

The bills, which will head next to the Senate floor, are the culmination of years of groundwork by lawmakers on both sides of the aisle, with the Committee’s Chairman, Senator Chuck Grassley (R-IA), providing pivotal leadership in bringing lawmakers of both parties together to address pharmaceutical industry abuses. As the Senator emphasized in a recent Q&A: “when Big Pharma games the system to keep generics off the market . . . , Congress needs to iron out the kinks in the system to help lower drug prices and save taxpayer dollars.”

S. 1041: Dismantling Patent “Thickets”

Passed unanimously, this bill streamlines litigation over biologics patents, which pharmaceutical companies acquire en masse in order to create “patent thickets” that dissuade potential competitors from developing and marketing more affordable alternatives. In addition to thwarting research and competition, patent thickets hurt American patients, who have to wait years for affordable treatments that become available sooner in other countries with more rigorous patent quality standards. Research has found that Abbvie relied on this tactic to delay competition—and maintain monopoly prices—in the U.S. long after more affordable biosimilars became available in Europe.

S. 1096: Preserve Access to Affordable Generics and Biosimilars Act

Another unanimous win, this bill bans “pay-for-delay” agreements—deals where brand-name drugmakers pay generics to postpone market entry. The Federal Trade Commission (FTC) estimates these pacts cost consumers billions annually. This reform is urgently needed as drugmakers continue to use pay-for-delay settlements to delay generic competition, as in the case of Eliquis, whose maker, Bristol Meyers Squibb has relied on pay-offs to generics (along with patent thickets) to delay competition, potentially until 2031.

S. 1097: Interagency Patent Coordination Act of 2025

This unanimously approved bill requires better coordination between the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) to resolve conflicting agency submissions that, if overlooked, may lead to erroneous patent grants or drug approvals. As Senator Dick Durbin (D-IL), one of the bill’s co-sponsors has explained, “Establishing clear avenues for collaboration between USPTO and FDA is essential for both agencies to oversee patent laws that protect innovation and promote competition.”

S. 527: Prescription Pricing for the People Act of 2025

Passed unanimously, this bill targets Pharmacy Benefit Managers (PBMs)—middlemen who negotiate drug prices between insurers and manufacturers, mandating the FTC study PBM practices and make recommendations to prevent anti-competitive behavior. Its unanimous passage reflects the current strong bipartisan consensus on tackling PBM influence.

S. 1040: Curbing “Product Hopping”

This bill, which passed 14–5, seeks to block “product hopping,” a tactic where drugmakers make minor modifications to a product (e.g., altering a pill to a capsule) to charge monopoly prices after patents on a drug’s active ingredient expires. The legislation empowers the FTC to investigate and address these anti-competitive practices. While Senator Marsha Blackburn (R-TN) opposed the bill, citing concerns about overregulation, Senators. Chris Coons (D-DE) and Mike Lee (R-UT) supported its advancement reluctantly, calling for amendments, including one which the majority of Committee members, including Chairman Grassley, opposed.

S. 1095: Stop STALLING Act

Passed with opposition from Sen. Mike Lee (R-UT), this bill aims to deter abusive “citizen petitions,” where companies exploit FDA processes to frivolously challenge generic drug approvals. Senator Amy Klobuchar (D-MN), one of its sponsors, has explained that the bill will “give the FTC enhanced authority to crack down on abuses of this process while allowing petitions submitted in good faith to raise legitimate health and safety concerns,” while saving taxpayers $400 million over 10 years, according to Congressional Budget Office estimates.

What’s Next?

While Committee approval is a big step in the right direction, significant hurdles remain before these bills become law, as the opposition and concerns of Senators Blackburn, Lee, and Coons indicate. As the full Senate prepares to debate the package, pharmaceutical lobbies will surely intensify their efforts to stoke opposition. Nevertheless, the strong support these bills received in Committee underscores the bipartisan recognition that action is needed to address America’s drug pricing crisis. As the full Senate takes up these bills, their success could hinge on maintaining the bipartisan push for reform. For millions of Americans struggling to afford drugs like Eliquis, the stakes could not be higher.