Patent Law Updates | New Proposed Legislation
June 25, 2009
Rep. Rush Re-Files Bill Prohibiting Reverse Payments in Patent Suits
Protecting Consumer Access to Generic Drugs Act of 2009
H.R. 1706, 3/25/2009
Rep. Bobby L. Rush, D-Il., has re-introduced on the congressional floor a bill intended to eliminate perceived anticompetitive settlements of patent infringement litigation between generic and brand-name pharmaceutical manufacturers.
The bill, otherwise known as the “Protecting Consumer Access to generic Drugs Act of 2009,” reverse payments”—payments made to a generic manufacturer in return for a commitment to delay market entry—since such payments can defer legitimate competition by generic manufacturers; hence, the bill bears the title “To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes.”
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View a PDF of the proposed legislation