Generics Group Warns Medicare Bill Would Undermine Declaratory Judgment Provision

Law360, New York (November 14, 2003, 12:00 AM EST) -- Generic drugmakers are fighting against a proposed change to the Medicare prescription drug bill that they say would undermine the declaratory judgment provision, Drug Industry Daily reported on Friday.

Under the declaratory judgment provision, generic drugmakers may seek a declaratory judgment of noninfringment if a brand drugmaker fails to bring a patent lawsuit within a 45-day notification period.

However, Congressional Medicare conferees are considering adding "draft legislative history language" that would create uncertainty about whether a court has jurisdiction over a declaratory judgment motion, according to...
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