H.R.1706 - Protecting Consumer Access to Generic Drugs Act of 2009

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. view all titles (2)

All Bill Titles

  • Short: Protecting Consumer Access to Generic Drugs Act of 2009 as introduced.
  • Official: 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. as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
03/25/09
 
 
 
 
 
 
 

Official Summary

Protecting Consumer Access to Generic Drugs Act of 2009 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which:

Official Summary

Protecting Consumer Access to Generic Drugs Act of 2009 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which:
(1) an abbreviated new drug (generic) application filer receives anything of value; and
(2) such filer agrees not to research, develop, manufacture, market or sell the generic drug. Excludes a resolution or settlement that includes no more than:
(1) the right to market the generic drug before the expiration of the patent or other exclusivity period; or
(2) the waiver of a patent infringement claim for damages. Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers. Amends the Federal Food, Drug, and Cosmetic Act to provide that a generic drug applicant forfeits market exclusivity for failing to market the drug 75 days after:
(1) a court dismisses a declaratory judgment action for lack of subject matter jurisdiction; or
(2) the applicant files with the Secretary of Health and Human Services a covenant that the patent owner will not sue the applicant for patent infringement. Deems an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include:
(1) a description of the subject matter of other agreements between the parties; and
(2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.

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Organizations Supporting H.R.1706

  • Apotex Inc.
  • American Association of Retired Persons
  • Alliance for Retired Americans
  • Consumer Union
  • Federal Trade Commission
  • American Antitrust Institute
  • ...and 4 more. See all.

Organizations Opposing H.R.1706

  • compass lexecon
  • Endo Pharmaceuticals Inc.
  • Pharmaceutical Research and Manufacturers of America
  • Teva Pharmaceuticals Industries Ltd.
  • Generic Pharmaceutical Association




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