SB3868 - Preserving Access to Affordable Drugs Act

• Creates state law presuming that patent settlement agreements in pharmaceutical disputes are anticompetitive violations if a generic or biosimilar drug maker receives payment/consideration and agrees to delay or forgo development of their competing product.

• Establishes exceptions allowing settlements that include: marketing rights before patent expiration, covenants not to sue, documented litigation cost compensation (up to $7.5 million or 5% of projected revenue), conditional entry agreements, regulatory facilitation agreements, or forgiveness of damages from at-risk launches.

• Permits parties to rebut the presumption by proving the consideration is fair compensation for unrelated goods/services or that procompetitive benefits outweigh anticompetitive effects, with fact-finders prohibited from presuming patent enforceability without final adjudication.

• Imposes civil penalties of up to 3 times the value received (or $20 million minimum) for violations, recoverable by the Illinois Attorney General based on the state's market share for the brand drug involved.

• Establishes a 4-year statute of limitations for enforcement actions while preserving separate antitrust claims under federal and state law.