Senator Thom Tillis (R-NC) has been unsuccessfully trying to obtain information from the Food and Drug Administration (FDA) and the United States Patent and Trademark Office (USPTO) on data being used to support drug pricing proposals for nearly two and a half years. More specifically, in a January 31, 2022 letter, Senator Tillis requested an independent assessment and analysis of the sources of data that are being relied upon by those advocating for patent-based solutions to drug pricing. Tillis requested the assessment be completed and provided no later than December 31, 2022—giving the agencies 11 months. The December 31, 2022, deadline has long since come and gone, and according to another letter sent from Tillis to the FDA and USPTO earlier this week, it appears as if the agencies are giving Tillis’ staff the run-around.

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