Analysis

New Bill Would Reshape Drug Patent Cases In Uncertain Ways

Law360 (June 14, 2019, 9:35 PM EDT) -- A new bill in Congress aimed at making it easier to invalidate drug patents has left attorneys with many questions, with both supporters and critics of the proposal saying it's unclear what judges would do with the bill's creation of a broad presumption that many pharmaceutical patents are invalid.

Sponsors of the Terminating the Extension of Rights Misappropriated Act, or TERM Act, H.R. 3199, introduced Wednesday by Rep. Hakeem Jeffries, D-N.Y., say it is intended to crack down on what they call evergreening, or drug companies obtaining multiple patents on the same drug in order to extend patent protection and prevent...

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