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Authorized Generics Again under Fire in Senate Bill

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- In addition to patent reform, another patent-related idea from Congress's past has been resurrected in this Congress. Last Wednesday, Senator John D. Rockefeller, IV (D-DE) (at right) introduced S. 373, "The Fair Prescription Drug Competition Act," directed at limiting the right for an innovator drug company to market an "authorized generic" form of a patented drug. The bill had five co-sponsors: Senators Patrick Leahy (D-VT), Charles Schumer (D-NY), Daniel Inouye (D-HI), Jeanne Shaheen (D-NH), and Debbie Stabenow (D-MI). The bill would amend Section 505 of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C....

Full post as published by Patent Docs on February 24, 2011 (boomark / email).