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Patent Thicketing Provision Cut From Bill Passed By US Senate Judiciary Committee

 
• By Brenda Sandburg

Legislation was also revised to enable manufacturers to justify withdrawing, discontinuing or switching product for follow-on; bills restricting citizen petitions, tribal sovereign immunity also clear committee.

Capitol Building, Washington DC
Affordable Prescriptions for Patients Act specifies FTC authorities to pursue product hopping. • Source: Shutterstock

The sponsors of legislation to curtail so-called product hopping and patent thicketing by product innovators cut the section on patent thickets in a manager's amendment that cleared the US Senate Judiciary Committee on 27 June.

The bill, Affordable Prescriptions for Patients Act, S. 1416, would amend the Federal Trade Commission Act to prohibit anticompetitive behaviors by drug manufacturers and give the FTC specific authority to institute a proceeding or bring suit in federal court to enjoin these actions

Patent Thickets

A large portfolio of overlapping patents which impede potential competitors from commercializing their products, requiring them to

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