S.214: Preserve Access to Affordable Generics Act

About this Bill

This bill was introduced in the 113th Congress
This bill is primarily about commerce
You can read the bill
Sponsor Amy Klobuchar, D-Minn.
Total Cosponsors 7 (5 Democrats, 1 Independent, 1 Republican)
Introduced Feb. 4, 2013
Latest Major Action July 23, 2013
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Bill Progress

  • Bill introduced in the Senate   
  • Bill passed in the Senate   
  • Bill passed in the House   
  • Bill signed into law

Bill Summary

Preserve Access to Affordable Generics Act - Amends the Federal Trade Commission Act to authorize the Federal Trade Commission (FTC) to initiate a proceeding against parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug. Establishes a presumption that any such agreement has anticompetitive effects and is unlawful if the filer of an abbreviated new drug (generic) application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug for any period of time. Allows an exception to such presumption if the parties to the agreement demonstrate by clear and convincing evidence, based on specified competitive factors, that the pro-competitive benefits of the agreement outweigh the anticompetitive effects.

Exempts from the restrictions of this Act a resolution or settlement of a patent infringement claim if the only c...

(Source: Congressional Research Service)

Bill Actions

Date Description
July 23, 2013 Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights. Hearings held.
Feb. 4, 2013 Read twice and referred to the Committee on the Judiciary.