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Key Votes

S Amdt 2111 - Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs - Key Vote

National Key Votes

Ron Johnson voted Nay (Amendment Vote) on this Amendment.

Read statements Ron Johnson made in this general time period.

Stages

Family

Issues

Stage Details

Amendment - Introduced (Senate) -

Title: Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs

Amendment - Amendment Rejected (Senate) (28-67) - (Key vote)

Title: Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs

Vote Smart's Synopsis:

Vote to adopt an amendment to S 3187 that authorizes generic drug manufacturers to file patents for and begin marketing generic drugs prior to the end of the 180-day exclusivity period.

Highlights:
  • Authorizes a “first applicant” to file a patent for a generic drug immediately if the applicant signs an agreement with the manufacturer of a listed drug, whereas existing law required an 180-day exclusivity period.
  • Defines “first applicant” as an individual who has lawfully filed a patent application for a drug biologically equivalent to a listed drug for which the patent is invalid or will not be infringed if the new drug is manufactured.
  • Specifies that the first applicant's patent will remain valid if action for patent infringement is not taken within 45 days or, if action is taken, a court dismisses the action for patent infringement.
  • Exempts drug makers who have signed an agreement with a generic drug manufacturer that prohibits the generic manufacturer from marketing the generic drug prior to the end of the 180-day exclusivity period from the provisions of this bill.
Note:

NOTE: THIS LEGISLATION NEEDED A TWO-THIRDS MAJORITY VOTE TO PASS

Sponsors

  • Jeff Bingaman (NM - D) (Out Of Office)

Co-sponsors

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