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Vote Smart Just The Facts
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Key Votes
S Amdt 2111 - Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs - Key Vote
National Key Votes
Stages
Family
- S 3187 - Food and Drug Administration Safety and Innovation Act
- S Amdt 2107 - Authorizes Import of FDA-Approved Drugs from Canada
- S Amdt 2108 - Prohibits FDA Approval of Genetically Engineered Fish
- S Amdt 2111 - Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs
Issues
Stage Details
Amendment - Introduced (Senate) - May 24, 2012
Title: Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs
Amendment - Amendment Rejected (Senate) (28-67) - May 24, 2012(Key vote)
Title: Prohibits Pharmaceutical Companies from Delaying the Release of Generic Drugs
Vote Result
Yea Votes
Nay Votes
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
- Sherrod C. Brown (OH - D)
- Al Franken (MN - D) (Out Of Office)
- Timothy Peter 'Tim' Johnson (SD - D) (Out Of Office)
- Amy Klobuchar (MN - D)
- Herbert H. 'Herb' Kohl (WI - D) (Out Of Office)
- Jeffery A. 'Jeff' Merkley (OR - D)
- Bernard 'Bernie' Sanders (VT - I)
- Jeanne Shaheen (NH - D)
- Mark E. Udall (CO - D) (Out Of Office)
- David B. Vitter (LA - R) (Out Of Office)
