By Donald Zuhn —
Last month, we noted that Millennium Pharmaceuticals spent $1.28 million in 2007 lobbying Congress and the Department of Commerce on patent reform and biologics legislation. Under federal law, lobbyists are required to disclose activities and expenditures that could influence members of the executive and legislative branches. Since the news of Millennium’s lobbying spending was released, information regarding the lobbying efforts of other companies and organizations has been published.

In particular, Forbes.com reported at the end of February that Genenech Inc. spent $1.8 million lobbying the federal government in 2007. While a portion of Genentech’s lobbying expenditures were directed to patent reform and biologics legislation, the South San Francisco biotech company also lobbied on other bills that would impact the biotech drug market.

Another Forbes.com report from February indicates that AstraZeneca PLC topped both Millennium and Genentech by spending $4.1 million on lobbying in 2007. According to the Forbes report, AstraZeneca’s lobbying efforts were directed to patent reform and biologics legislation.

Finally, on the other side of the patent reform issue, an Associated Press release from late last month reported that the Coalition for Patent Fairness paid Patton Boggs LLP $500,000 last year to push for patent reform legislation. According to the Coalition’s website, the organization is "a diverse group of companies and industry associations dedicated to protecting consumers and enhancing U.S. innovative potential by strengthening our nation’s patent system," which the Coalition argues " leaves U.S. consumers and businesses at a clear disadvantage" by forcing companies "to focus more on the risks of innovation than the benefits to consumers and society as a whole." The Coalition seeks to reform damages (courts should be required to focus on the value that is attributable to the patent in question, and not on the full value of the entire product); reform the willfulness standard and procedure for litigating willfulness claims; establish a new administrative procedure for post-grant review of patent grants so that wrongfully-issued patents can be effectively reviewed and redressed within the U.S. Patent and Trademark Office, rather than in the courts; and changes to venue standards to prohibit "venue shopping."

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