HB 1706 Protecting Consumer Access to Generic Drugs Act of 2009

About HB-1706

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.