IL HB4822

Creates the Preserving Access to Affordable Drugs Act to regulate patent settlement agreements in pharmaceutical transactions between brand-name drug companies and generic/biosimilar manufacturers.

Presumes agreements resolving patent infringement claims are anticompetitive violations if a generic/biosimilar filer receives "anything of value" AND agrees to limit or delay research, development, manufacturing, marketing, or sales of its drug product.

Establishes safe harbor exceptions for settlements that include: marketing rights before patent expiration, covenants not to sue, documented litigation cost compensation (capped at $7.5 million or 5% of projected revenue), trigger-based entry provisions, regulatory approval assistance, or forgiveness of at-risk launch damages.

Imposes civil penalties of up to 3 times the value received by violators (minimum $20 million) or 3 times the value given to other parties (minimum $20 million), recoverable through Attorney General enforcement with a 4-year statute of limitations.

Prohibits presumptions that patents are enforceable, that delayed entry is necessary, or that agreements caused no competitive harm without final court adjudication, while presuming the relevant market consists of the brand drug and competing generic/biosimilar versions.