H.R. 1706 (111th): Protecting Consumer Access to Generic Drugs Act of 2009

Mar 25, 2009 (111th Congress, 2009–2010)
Died (Referred to Committee)
Bobby Rush
Representative for Illinois's 1st congressional district
Read Text »
Last Updated
Mar 25, 2009
7 pages
Related Bills
H.R. 1902 (110th) was a previous version of this bill.

Referred to Committee
Last Action: Apr 17, 2007

H.R. 3995 (112th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Feb 09, 2012


This bill was introduced on March 25, 2009, in a previous session of Congress, but was not enacted.

Introduced Mar 25, 2009
Referred to Committee Mar 25, 2009
Full Title

To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes.


No summaries available.

Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

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The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Protecting Consumer Access to Generic Drugs Act of 2009 - Prohibits, as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce, any person from being a party to any agreement resolving or settling a patent infringement claim in which:
(1) an abbreviated new drug (generic) application filer receives anything of value; and
(2) such filer agrees not to research, develop, manufacture, market or sell the generic drug.
Excludes a resolution or settlement that includes no more than:
(1) the right to market the generic drug before the expiration of the patent or other exclusivity period; or
(2) the waiver of a patent infringement claim for damages.
Authorizes the Federal Trade Commission (FTC) to exempt agreements in furtherance of market competition and for the benefit of consumers.
Amends the Federal Food, Drug, and Cosmetic Act to provide that a generic drug applicant forfeits market exclusivity for failing to market the drug 75 days after:
(1) a court dismisses a declaratory judgment action for lack of subject matter jurisdiction; or
(2) the applicant files with the Secretary of Health and Human Services a covenant that the patent owner will not sue the applicant for patent infringement.
Deems an applicant to have forfeited market exclusivity if the applicant enters into an agreement that violates this Act.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise reporting requirements related to agreements between a generic drug applicant and a brand name drug company to include: (1) a description of the subject matter of other agreements between the parties; and (2) a certification that the materials filed represent the complete, final, and exclusive agreement between the parties.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

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