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"Takings" by Congress and the Courts

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

By Kevin E. Noonan -- In a recent article in the journal Science, Sherry Knowles, the Chief Patent Counsel at GlaxoSmithKline, raises several interesting questions regarding the concept of "takings" of property in the patent context. In a "Policy Forum" article entitled "Fixing the Legal Framework for Pharmaceutical Research," Ms. Knowles (at right) tackles two aspects of such takings regarding branded drugs. First, she reviews the provisions of the Hatch-Waxman Act that permit a generic drug maker to use an innovator company's safety and efficacy data to support an Abbreviated New Drug Application (ANDA) (calling these provisions of Hatch-Waxman the...

Full post as published by Patent Docs on April 01, 2010 (boomark / email).