US Congress Senate Bill 64 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on January 9 2019 - 25% progression, died in committee
Action: 2019-01-09 - Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [PDF]

Authorizes the Federal Trade Commission (FTC) to initiate proceedings against parties to any agreement resolving or settling a patent infringement claim in connection with the sale of a drug or biological product. Such an agreement is presumed to have anticompetitive effects and is a violation of this bill if the filer of the generic drug or biosimilar application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug or biosimilar. An agreement is exempted if the only consideration granted to the generic manufacturer is (1) the right to market its product prior to the expiration of any statutory exclusivity, (2) a payment for reasonable litigation expenses, or (3) a covenant not to sue on any claim that the generic drug or biosimilar infringes a patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects. When a generic or biosimilar drug manufacturer enters into an agreement with another drug manufacturer related to the manufacturing, marketing, or sale of a drug, the manufacturers must certify that the material they have given the FTC concerning the agreement contains the complete agreement and any agreements related to that main agreement, including descriptions of any oral agreements or representations. The bill imposes penalties for violations of this bill, including the forfeiture of the 180-day marketing exclusivity period for a generic drug.

Preserve Access to Affordable Generics and Biosimilars Act

Sen. Amy Klobuchar [D-MN]	Sen. Chuck Grassley [R-IA]	Sen. Patrick Leahy [D-VT]	Sen. Joni Ernst [R-IA]
Sen. Kevin Cramer [R-ND]	Sen. Richard Durbin [D-IL]	Sen. Chris Van Hollen [D-MD]	Sen. Susan Collins [R-ME]

Date	Chamber	Action
2019-01-09	Senate	Read twice and referred to the Committee on the Judiciary.

HB2375 (Related) 2020-12-24 - Placed on the Union Calendar, Calendar No. 576.
SB3384 (Related) 2020-03-03 - Read twice and referred to the Committee on Finance.
SB1801 (Related) 2019-06-12 - Read twice and referred to the Committee on Finance.
HB1344 (Related) 2019-03-25 - Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

Type	Source
Summary	https://www.congress.gov/bill/116th-congress/senate-bill/64/all-info
Text	https://www.congress.gov/116/bills/s64/BILLS-116s64is.pdf