Other Barks & Bites for Friday, May 10: Congress and Trump Crack Down on Pharma, Amici File Briefs in Acorda, and USPTO to Modify Patent Term Adjustment Procedures
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Other Barks & Bites for Friday, May 10: Congress and Trump Crack Down on Pharma, Amici File Briefs in Acorda, and USPTO to Modify Patent Term Adjustment Procedures
"This week in Other Barks & Bites, IPWatchdog's IP news roundup: the House of Representatives passes drug patent legislation, while antitrust legislation targeting patent-related activities is introduced into the Senate and the Trump administration mandates pricing information for pharmaceutical ads; the Patent Trial and Appeal Board (PTAB) issues a pair of precedential decisions on cases with multiple petitions; the USPTO issues marijuana-related trademark guidelines and a notice on modifying patent term adjustment practices;"
"U.S. House Passes Two Bills Targeting Drug Patent Listings - On Wednesday, May 8, the U.S. House of Representatives passed both H.R. 1503, the Orange Book Transparency Act of 2019, and H.R. 1520, the Purple Book Continuity Act of 2019, both of which enact heightened requirements on patents listed for the approval of a drug through the U.S. Food and Drug Administration. Both measures were passed unanimously."
Congress passed H.R. 1503 and H.R. 1520 to impose heightened requirements on patents listed for FDA drug approvals. The Trump administration issued a rule requiring television ads to include list prices for drugs costing more than $35 per month. Senators Cornyn and Blumenthal introduced the Affordable Prescriptions for Patients Act to expand FTC antitrust authority over pharmaceutical patent matters. The PTAB issued two precedential decisions addressing cases with multiple petitions. The USPTO released marijuana-related trademark guidelines and a notice on modifying patent term adjustment practices. Gilead settled with Teva to allow generic Truvada in 2020. A new Canadian music licensing entity formed. The Fourth Circuit ruled that bankruptcy can eliminate trade secret damages. Multiple amicus briefs asked the U.S. Supreme Court to reconsider the Federal Circuit's "blocking patent" doctrine.
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