US Congress House Bill 1706 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 10-0)
Status: Introduced on March 25 2009 - 25% progression, died in chamber
Action: 2009-06-03 - Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 16 - 10 .
Text: Latest bill text (Introduced) [PDF]

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.

Protecting Consumer Access to Generic Drugs Act of 2009

Rep. Diana DeGette [D-CO]	Rep. John Dingell [D-MI]	Rep. Michael Doyle [D-PA]	Rep. Mary Kilroy [D-OH]
Sen. Edward Markey [D-MA]	Rep. Bobby Rush [D-IL]	Rep. Janice Schakowsky [D-IL]	Rep. Bart Stupak [D-MI]
Rep. Melvin Watt [D-NC]	Rep. Henry Waxman [D-CA]

Date	Chamber	Action
2009-06-03		Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 16 - 10 .
2009-06-03		Subcommittee Consideration and Mark-up Session Held.
2009-03-26		Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
2009-03-25		Referred to House Judiciary
2009-03-25		Referred to House Energy and Commerce
2009-03-25		Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/1706/all-info
Text	https://www.congress.gov/111/bills/hr1706/BILLS-111hr1706ih.pdf