The HELP Committee and Eshoo/Barton language on biosimilars (biogenerics)

Here are links to the language adopted in the HELP committee, and the most recent version of the Eshoo/Barton proposal on biosimilars. In many areas, the Eshoo/Barton language is worse than the already bad bill adopted in the HELP committee.

The Eshoo/Barton bill provides for many more opportunities for lawyers to block generics through litigation over spurious or minor patents. It undermines the policy set out by the US Supreme Court of allowing infringement in some cases where remuneration is preferred to an injunction. Both the Senate HELP and the Eshoo/Barton bill present significant risks regarding evergreening. Generic suppliers say there is a low threshold for allowing a new periods of exclusivity for small changes in the product.

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