Some late-in-the-game, behind-the-scenes dealmaking appears to be under way involving generic drugmakers, the White House and Henry Waxman, who chairs the House Energy & Commerce Committee over granting biotechs 12 years of exclusivity against biogenerics, the Associated Press writes. The skirmishing comes as Congress edges closer to a final version of health care reform legislation.

The drive to shrink the protection period to a rumored 10 years has prompted opposition from the pharmaceutical industry, which argues the longer period is needed to encourage investments needed to produce biotechs. “Fair data protection of at least 12 years is critically important to the future of medical progress in America,” Ken Johnson, PhRMA’s senior vp, tells the AP.

Three dozen patients groups and research universities wrote a letter backing the 12-year period to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid, claiming it would balance patient access to drugs with incentives for companies to invest in development. Senators from California, Massachusetts and other states with industry players also wrote Reid to preserve the 12 year period.

Pharma has been a key supporter of President Barack Obama’s effort to reshape the health care system, the AP notes, adding drugmakers are under pressure to boost the $80 billion, 10-year contribution they agreed to make to the overhaul last year. The effort to reduce the exclusivity period could be a way for the White House to pressure industry to pay another $10 billion (see here), or make it easier for Obama to show the $80 billion deal with drugmakers will benefit consumers.