• By Donald Zuhn

    Republican Party On Saturday, the GOP kicked off the 2012 presidential election cycle with Iowa Republicans gathering in Ames, Iowa to participate in the Ames Straw Poll.  Minnesota Rep. Michele Bachmann picked up 4,823 votes (28.6%) of the 16,892 votes cast in the straw poll to edge out Texas Rep. Ron Paul, who received 4,671 votes (27.7%).  Texas Gov. Rick Perry collected 718 write-in votes after announcing his candidacy in South Carolina on the day of the Ames Straw Poll, and former Massachusetts governor Mitt Romney picked up 567 votes after deciding to skip the straw poll in June.

    In an article published in The Boston Globe prior to the Ames Straw Poll, the positions of the Republican presidential candidates on embryonic stem (ES) cells was examined ("Most in GOP field would scale back stem cell funding").  The Globe reported that "[n]early all of the Republican presidential candidates would put the brakes on President Obama's efforts to broaden federal spending on embryonic stem cell research."  In March 2009, President Obama issued Executive Order 13505, entitled "Removing Barriers to Responsible Scientific Research Involving Human Stem Cells," which reversed limits imposed by the Bush administration on taxpayer support of ES cell research (see "President Obama to Lift Stem Cell Limits on Monday" and "President Obama Reaffirms Faith in Science").

    The Globe noted that most of the candidates responded to the newspaper's survey of their positions on federal funding of ES cell research "with vague statements and dodged questions about whether they would endorse Bush's position of allowing funding for research on a limited number of existing stem cell lines to continue."  However, the article points out that the socially conservative Susan B. Anthony (SBA) List has suggested that Rep. Bachmann, Rep. Paul, former senator Rick Santorum, former House speaker Newt Gingrich, and Rep. Thaddeus McCotter (MI) would oppose further expansion of federal funding of ES cell research.  (The SBA List also indicated that former Minnesota governor Tim Pawlenty would also oppose further expansion of federal funding of ES cell research, but after his third-place finish on Saturday, Mr. Pawlenty withdrew from the Republican presidential race on Sunday.)  Mr. Romney told the Globe that he would not allow federal funding of ES cell research, but "would make an examination of the science and speak with experts in the field" before deciding whether to follow the Bush administration's example by permitting research to be conducted on existing ES cell lines.

    Perry, Rick According to a report in Salon, Gov. Perry (at left), who had not officially entered the race when the Globe article was published, would appear to side with the other Republican candidates, having declared that stem cell research has "turn[ed] the remains of unborn children into nothing more than raw material" ("Gov. Rick Perry underwent stem cell therapy").  While not inconsistent with Gov. Perry's position on ES cell research, the Salon article noted (with some surprise) that the Texas governor underwent an experimental spinal fusion procedure last month in which he was injected with adult stem cells to treat a back injury.  As a result of the procedure, which the Perry campaign called a success, the Texas governor is a strong proponent of adult stem cell research ("Perry's Surgery Included Experimental Stem Cell Therapy").

    Interestingly, in opposing ES cell research and federal funding of such research, the Republican presidential candidates side with a minority of Americans — a Gallup 2011 poll indicated that 62% of Americans believe ES cell research is morally acceptable, and a Pew Research Center poll showed that 58% of Americans support federal funding of ES cell research.

  • By Donald Zuhn

    Washington - Capitol #6 On August 4, Rep. Henry Waxman (D-CA) led a group of seven House Democrats in asking President Obama to exclude the 12-year data exclusivity period provided by the biosimilar approval pathway of the Patient Protection and Affordable Care Act (PPACA) from the intellectual property provisions of the Trans-Pacific Partnership (TPP) agreement (see "House Legislators Lobby to Exclude 12-Year Data Exclusivity Period from Free Trade Agreement").  One week earlier, however, a bipartisan group of forty Representatives sent their own letter to the President, indicating their support for the President's "continued efforts to ensure that intellectual property standards in the Trans-Pacific Partnership ("TPP") trade agreement are consistent with U.S. law, protect U.S. interests and sustain and help grow U.S. jobs."

    The TTP, or Trans-Pacific Strategic Economic Partnership Agreement, is a multilateral free trade agreement currently being negotiated by Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, the United States, and Vietnam (Canada, Japan, the Philippines, South Korea, and Taiwan have also expressed interest in participating in the agreement).  The seventh round of TTP negotiations was held in Ho Chi Minh City, Vietnam, in June, and two more rounds of negotiations are scheduled to take place in September (in the United States) and in October (in Peru).  The nine TPP members have set a goal of reaching the outlines of an agreement by November of this year.

    In their July 27 letter, the forty-member House coalition states that "[c]ritical to increasing U.S. companies' ability to export and contribute to U.S. GDP growth is ensuring that our government does all it can to help provide a level playing field for U.S. companies globally and advocate for intellectual property rights that provide certainty for America's innovative companies in the biosciences and other sectors."  The letter adds that "[s]etting strong standards allows our companies to secure the capital investments needed to generate tomorrow's new treatments and potential cures and make them available to patients around the world."

    In contrast with Rep. Waxman's letter, the letter from the forty legislators specifically seeks to have the 12-year data exclusivity period provided by the PPACA included in the TTP.  In fact, the legislators state that:

    In the course of the TPP negotiations on intellectual property rights issues, we urge you to support current U.S. law on biologics, which provides for 12 years of protection.  The U.S.-led biopharmaceutical industry would be disadvantaged if the U.S. does not ensure consistency with U.S. law as part of the TPP, because foreign countries do not provide the same type of protection rules.  The current protections for biologic drugs were debated extensively and received strong bipartisan support in both the House and the Senate.  This provision is critical to keeping and expanding high-value U.S. jobs offered by America's biotech sector and spurring the R&D investment needed to seize extraordinary opportunities for medical advances to combat our most costly and challenging diseases.  Continued R&D investment is needed to ensure that the cures and treatments the biotechnology sector delivers today will continue and allow more patients to access to these revolutionary therapies.

    The July 27 letter was signed by Representatives Ron Kind (D-WI), Erik Paulsen (R-MN), Joseph Crowley (D-NY), Vern Buchanan (R-FL), Richard Neal (D-MA), Aaron Schock (R-IL), Mike Thompson (D-MS), Wally Herger (R-CA), John Larson (D-CT), Devin Nunes (R-CA), Bill Pascrell, Jr. (D-NJ), Dave Reichert (R-WA), John Carney (D-DE), Charles Boustany, Jr. (R-LA), Gerald Connolly (D-VA), Adrian Smith (R-NE), Susan Davis (D-CA), Lynn Jenkins (R-KA), Anna Eshoo (C-DA), Rick Berg (R-ND), Martin Heinrich (D-NM), Diane Black (R-TN), James Himes (D-CT), Marsha Blackburn (R-TN), Rush Holt (D-NJ), Michael Burgess (R-TX), Michael Honda (D-CA), David Dreier (R-CA), Rick Larsen (D-WA), Brett Guthrie (R-KY), Gregory Meeks (D-NY), Tom Latham (R-IA), Loretta Sanchez (D-CA), Cathy McMorris Rodgers (R-WA), Allyson Schwartz (D-PA), Joseph Pitts (R-PA), Adam Smith (D-WA), John Sullivan (R-OK), Edolphus Towns (D-NY), and Lee Terry (R-NE).  One of the letter's signatories, Rep. Anna Eshoo, was primarily responsible for the inclusion of the biosimilar approval pathway and the 12-year data exclusivity period in the PPACA, having introduced an amendment to the House health care reform bill in June 2009 along with Rep. Jay Inslee (D-WA) and Rep. Joe Barton (R-TX) (see "House Committee Approves Health Care Reform Bill Calling for 12-Year Exclusivity Period").

    TTP Members
    TTP members – original four members in orange and additional five members in green.

  • ABA Journal Last week, the ABA Journal began work on its 5th annual list of the 100 best legal blogs (or blawgs) and announced that it is seeking the advice of its readers, via the ABAJournal.com website, on which blawgs and practice areas to include on this year's Blawg 100.  Readers interested in nominating a particular blog or practice area should use the blawg 100 amici form provided on the ABA Journal website.  Additional information about the Blawg 100 can also be found on the blawg 100 amici form.  The form requires that anyone making a nomination provide a name, employer or law school, city, and e-mail address.  Nominations must be submitted no later than Friday, September 9.

  • By Sherri Oslick

    Gavel About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases.

    Avanir Pharmaceuticals Inc. et al. v. Par Pharmaceutical Inc. et al.
    1:11-cv-00705; filed August 10, 2011 in the District Court of Delaware

    • Plaintiffs:  Avanir Pharmaceuticals Inc.; Avanir Holding Company; Center for Neurologic Study
    • Defendants:  Par Pharmaceutical Inc.; Par Pharmaceutical Companies Inc.

    Avanir Pharmaceuticals Inc. et al. v. Actavis South Atlantic LLC et al.
    1:11-cv-00704; filed August 10, 2011 in the District Court of Delaware

    • Plaintiffs:  Avanir Pharmaceuticals Inc.; Avanir Holding Company; Center for Neurologic Study
    • Defendants:  Actavis South Atlantic LLC; Actavis Inc.

    The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 7,659,282 ("Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorder," issued February 9, 2010) and RE38,115 ("Dextromethorphan and an Oxidase Inhibitor for Treating Intractable Conditions," issued May 6, 2003) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Avanir's Nuedexta® (dextromethorphan hydrobromide/quinidine sulfate, used to treat pseudobulbar affect).  View the Par complaint here.


    Purdue Pharmaceutical Products L.P. et al. v. Hikma (Maple) Ltd. et al.

    1:11-cv-00695; filed August 8, 2011 in the District Court of Delaware

    • Plaintiffs:  Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Purdue Pharma Technologies Inc.
    • Defendants:  Hikma (Maple) Ltd.; West-Ward Pharmaceuticals Corp.

    Infringement of U.S. Patent No. 6,589,960 ("Hydromorphone And Hydrocodone Compositions And Methods For Their Synthesis," issued July 8, 2003) following a Paragraph IV certification as part of Hikma's filing of an ANDA to manufacture a generic version of Purdue Pharma's Dilaudid® (hydromorphone hydrochloride for injection, used to treat moderate to severe pain).  View the complaint here.


    Braintree Laboratories, Inc. v. Paddock Laboratories, Inc.

    3:11-cv-04568; filed August 8, 2011 in the District Court of New Jersey

    Infringement of U.S. Patent No. 6,946,149 ("Salt Solution for Colon Cleansing," issued September 20, 2005) following a Paragraph IV certification as part of Paddock's filing of an ANDA to manufacture a generic version of Braintree's Suprep® (sodium sulfate, potassium sulfate and magnesium sulfate osmotic laxative, used for bowel cleansing prior to an adult patient having a colonoscopy procedure).  View the complaint here.


    ViiV Healthcare UK Ltd. et al. v. Teva Pharmaceuticals USA Inc. et al.

    1:11-cv-00688; filed August 5, 2011 in the District Court of Delaware

    • Plaintiffs:  ViiV Healthcare UK Ltd.; ViiV Healthcare Co.
    • Defendants:  Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.

    Infringement of U.S. Patent No. 6,417,191 ("Synergistic Combinations of Zidovudine, 1592U89 and 3TC," issued July 9, 2002) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Viiv's Epzicom® (abacavir sulfate and lamivudine, used to HIV infection in humans).  View the complaint here.

  • Calendar

    August 15-19, 2011 – Intellectual Property Law Summer School 2011 (IBC Legal) – Cambridge, UK

    August 16-18, 2011 – The Bilski Impact: Procuring & Enforcing Software, Business Methods & Bioinformatics Patents (Patent Resources Group) – Alexandria, VA and Southfield, MI

    September 6-7, 2011 – Pharmaceutical Law Academy (IBC Legal Conferences) – London, UK

    September 8, 2011 – Patents and the Written Description Requirement: Lessons Learned Since Ariad v. Lilly (Strafford) – 1:00 – 2:30 PM (EDT)

    September 11-13, 2011 – 2011 Annual Meeting (Intellectual Property Owners Association) – Los Angeles, CA

    September 14-16, 2011 – 85th Annual Meeting (Intellectual Property Institute of Canada) – Chicago, IL

    September 18-20, 2011 – Accelerating Intellectual Property and Innovation in South Africa*** (South African Department of Science and Technology) – Cape Town, South Africa

    September 19-20, 2011 – Tech Transfer Summit Europe*** (Tech Transfer Summit Ltd.) – Paris, France

    September 19-21, 2011 – Business of Biosimilars & Biobetters*** (Institute for International Research) – Boston, MA

    September 21-22, 2011 – Forum on European Pharmaceutical Regulatory Law*** (C5) – Brussels, Belgium

    September 22-23, 2011 – FDA Boot Camp*** (American Conference Institute) – Boston, MA

    September 26-27, 2011 – Biosimilars and Biobetters*** (SMi Group) – London, UK

    September 26-27, 2011 – Life Sciences Business Development & Acquisitions in Emerging Markets (American Conference Institute) – New York, NYNew York, NY

    October 3-4, 2011 – Tech Transfer Summit North America*** (Tech Transfer Summit Ltd.) – Bethesda, MD

    October 4-5, 2011 – Maximizing Pharmaceutical Patent Lifecycles*** (ACI) –

    October 5-6, 2011 – Biotech Patenting*** (C5) – London, UK

    October 24-26, 2011 – Developing IP Strategies for Crystalline Forms*** (International Quality & Productivity Center) – London, UK

    October 25-26, 2011 – FDA Boot Camp Devices Edition*** (American Conference Institute) – Chicago, IL

    ***Patent Docs is a media partner of this conference or CLE

  • Banner_TTS_EUR180x150 Tech Transfer Summit Ltd. will be holding the European and North American stops of its Tech Transfer Summit on September 19-20, 2011 in Paris, France and on October 3-4, 2011 at the National Institutes of Health (NIH) in Bethesda, MD.  The Summit focuses on dialogue, partnering, licensing and technology transfer between public sector research technology transfer offices and senior industry licensing and business development executives, and serves as an international think-tank for technology transfer professionals, researchers, business angels, Government funding bodies, venture capitalists, financiers and financial service providers, and the legal profession in the biotechnology and life sciences sectors.

    A full program for the European and North American legs of the Tech Transfer Summit, including an agenda of each event's sessions and list of speakers can be obtained here (Europe) or here (North America).

    Banner_TTS_NA180x150 The registration fee for the Tech Transfer Summit Europe is €499 (academia, start-up, and government rate) or €799 (industry, legal, financial, and advisory rate).  Details regarding registration for the European event can be found here.  The registration fee for the Tech Transfer Summit North America is $549 (academia, start-up, and government rate) or $899 (industry, legal, financial, and advisory rate).  Details regarding registration for the North American event can be found here.

    Patent Docs is a partner of the Tech Transfer Summit.

  • London International Quality & Productivity Center (IQPC) will be holding its 7th Annual Developing IP Strategies for Crystalline Forms conference from October 24-26, 2011 in London, UK.  The conference will allow attendees to:

    • Receive clarification of the application submission criteria directly from the examiners;
    • Make informed decisions before designing and drafting robust crystalline form patents;
    • Understand the required levels of data disclosure;
    • Save time and speed approval through successful examples of patent prosecution highways in practice;
    • Understand and overcome the challenges of demonstrating true innovation in crystalline forms;
    • Implement effective strategies to enforce and protect your polymorph patent;
    • Discover strategies to defend against litigation and extend market exclusivity;
    • Analyze the latest patent strategies, case laws, and judicial decisions to ensure a successful drafting and litigation strategy;
    • Benchmark patent protection strategies with leading experts in the field; and
    • Connect with colleagues and peers in dedicated interactive networking and discussion sessions.

    In particular, the conference will offer presentations on the following topics:

    • Drafting and designing a robust and meaningful crystalline form patent: The EPO perspective;
    • USPTO: Your guide to examination of crystalline forms in the U.S. and the impact of these on your patent application;
    • Are crystalline forms patentable in India?  Understanding what is and what isn't eligible for submission and approval;
    • International panel discussion — chance to ask specific questions and get answers needed to ensure successful global crystalline form patent applications;
    • Fast tracking your application using the patent prosecution highways and accelerated examination;
    • Strategically strengthening your patent application;
    • Understanding the value and reasons for patenting crystalline forms;
    • Differentiating your polymorph from prior art: How do you demonstrate true innovation and prove novelty and inventive step?
    • Computational prediction of crystal structures;
    • Enforcing and protecting your polymorph patent;
    • Understanding the Orange Book requirements to avoid litigation;
    • Maximizing your patent lifecycle to extend market exclusivity;
    • Breakout roundtable discussions: (a) supplementary protection certificates; (b) designing and drafting a robust patent application; and (c) preparing for litigation;
    • Uncovering the available technologies to differentiate competitor samples from reference samples: Beyond x-ray diffraction;
    • European judicial update;
    • Update on the community/EU patent and unified litigation system;
    • Unraveling multinational approaches to avoid exploitation: Strategies for obtaining a preliminary injunction; and
    • Identifying and exploiting vulnerable patents: The generics perspective.

    An additional pre-conference workshop will be offered on October 24, 2011.  The workshop will offer presentations on the following topics:

    • Overview of current opportunities and requirements for SPC/PTE applications;
    • SPCs at the interface between patent and pharmaceutical law;
    • Extending patents via pediatric exclusivity in Europe and the U.S.; and
    • SPC judicial case law update.

    The agenda for the Developing IP Strategies for Crystalline Forms conference can be found here (Day 1), here (Day 2), and here (pre-conference workshops). A complete brochure for this conference, including an agenda, detailed descriptions of conference sessions, list of speakers, and registration form can be obtained here.

    IQPC Pricing for the conference and workshops can be found here.  Those registering by September 9, 2011 will receive a discount of between £100 and £250 off the registration fee, and those registering for the conference and workshop by September 30, 2011 will receive a discount of £150 off the registration fee.  Those interested in registering for the conference can do so here.

    Patent Docs is a media partner of the Developing IP Strategies for Crystalline Forms conference.

  • Chicago #5 American Conference Institute (ACI) will be holding its FDA Boot Camp Devices Edition conference on October 25-26, 2011 in Chicago, IL.  ACI faculty will help attendees:

    • Master the basics of the application and approval processes, including 510(k) clearance and PMAs;
    • Navigate the complexities of device regulations;
    • Comprehend the structure of the FDA and the roles of the three major agency centers:  CDER, CBER, and CDRH;
    • Develop a practical working knowledge of clinical trials and IDEs;
    • Learn how devices are classified, monitored, and regulated;
    • Recognize the pivotal role of labeling and learn how to avoid misbranding and off label promotion;
    • See the importance of cGMPs and QSRs to the post-approval regulatory process; and
    • Navigate the protocols of adverse events monitoring, product withdrawals, and recalls.

    Brochure FDA Boot In particular, ACI's faculty will offer presentations on the following topics:

    • The basics: Understanding and working with the FDA — jurisdiction, functions, organization, and operations;
    • Overview of device regulation;
    • Understanding clinical trials and the investigational device exemption (IDE);
    • Navigating the 510(k) clearance process;
    • Comprehending the premarket approval process (PMA);
    • Complying with general post-market controls;
    • Understanding FDA enforcement tools, policies, practices, and trends;
    • Labeling and promotion;
    • Medical device reporting;
    • Guidance for navigating recalls and withdrawals; and
    • Quality system regulation.

    A pre-conference training session on the "Fundamentals of FDA Regulatory Law," will be offered on October 24, 2011 from 1:00 – 5:00 pm.  The workshop will provide a basic overview of FDA regulations and will prepare attendees for the in-depth discussions that will take place throughout the conference.

    Two concurrent post-conference master classes will be offered from 2:00 – 5:00 pm on October 26, 2011.  The first master class, entitled "Staying Ahead of the Curve: FDA's Regulation of In Vitro Diagnostics and Laboratory Developed Tests," will provide an in-depth overview of the FDA regulatory structure governing IVDs, and the coming changes that will regulate LDTs.  The second master class, entitled "Software as a Medical Device: Understanding the Nuances of FDA Regulation," will address issues that are encountered when dealing with software classified as medical devices.

    A complete brochure for this conference, including an agenda, detailed descriptions of conference sessions, list of speakers, and registration form can be obtained here.

    ACI - American Conference Institute The registration fee is $2,295 (conference alone), $2,895 (conference and training session or conference and one master class), or $3,295 (conference, training session, and one master class).  Those registering by August 25, 2011 will receive a $300 discount and those registering by September 22, 2011 will receive a $200 discount.  In addition, Patent Docs readers who reference the discount code "PD 200" will receive $200 off the current price tier when registering.  Those interested in registering for the conference can do so here, by calling 1-888-224-2480, or by faxing a registration form to 1-877-927-1563.

    Patent Docs is a media partner of ACI's FDA Boot Camp Devices Edition conference.

  • Brochure EU Pharma C5 will be holding its 2nd Annual Forum on European Pharmaceutical Regulatory Law on September 21-22, 2011 in Brussels, Belgium.  The conference will provide attendees with practical and strategic guidance on the most current regulatory developments impacting on the pharma sector, including presentations on the following topics:

    • Interpreting the pharmacovigilance rules and the impact on reporting obligations;
    • Reviewing pharma regulatory requirements and the interaction with competition law;
    • The inclusion of environmental aspects into the EU legislation on good manufacturing practice (GMP);
    • Obtaining and maintaining an effective pricing and reimbursement structure;
    • The evolution of regulation and the drug approval system in the 21st century;
    • The do's and don'ts in multi-jurisdiction clinical trials: Where are we and where are we going?
    • Adopting an effective product labeling model to combat anti-counterfeiting;
    • Implementation of the UK bribery act and how pharma company practices will need to change;
    • The rise in social media: Balancing information to patients and advertising to ensure compliance;
    • Avoiding product liability litigation by reviewing global labeling practices;
    • The current U.S. approval process in light of recent regulatory and legislative developments;
    • Overcoming obstacles to ehealth and personalized medicine;
    • Successfully obtaining SPCs and extensions of regulatory data protection: Extending market exclusivity (panel session);
    • Guidance on the regulations applicable to advanced therapy medicinal products; and
    • Privilege and discovery in pharma litigation.

    A post-conference workshop on "Adopting Effective Risk Management Strategies to Avoid Product Liability Claims," will be offered from 9:00 am to 12:30 pm on September 23, 2011.  The workshop will provide in-depth guidance on devising strategic risk management plans to ensure that internal processes and drug standards comply with drug safety requirements across Europe and the U.S., and equip attendees with the practical and strategic tools needed to obtain sustainable market access in Europe and the U.S. to avoid costly product liability claims.

    The agenda for the European Pharmaceutical Regulatory Law Boot Camp can be found here.  A complete brochure for this conference, including an agenda, description of the sessions, list of speakers, and registration form can be downloaded link.

    C5 The registration fee for this conference is €1899 (conference alone) or €2398 (conference and workshop).  Patent Docs readers who reference the discount code "PD 200" will receive €200 off the current price tier when registering.  Those interested in registering for the conference can do so here, by calling +44 20 7878 6888, or by faxing a registration form to +44 20 7878 6885.

    Patent Docs is a media partner of ACI's Forum on European Pharmaceutical Regulatory Law.

  • By Donald Zuhn

    Waxman, Henry Last week, a group of seven House Democrats, led by Rep. Henry Waxman (D-CA), sought to have the 12-year data exclusivity period provided by the biosimilar approval pathway of the Patient Protection and Affordable Care Act (PPACA) excluded from the Trans-Pacific Partnership (TPP) agreement.  According to a report in The Hill, the legislators sent a letter to President Obama, asking him to exclude the 12-year period from the TTP's intellectual property provisions.

    The TTP, or Trans-Pacific Strategic Economic Partnership Agreement, is a multilateral free trade agreement currently being negotiated by Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, the United States, and Vietnam (Canada, Japan, the Philippines, South Korea, and Taiwan have also expressed interest in participating in the agreement).  The seventh round of TTP negotiations was held in Ho Chi Minh City, Vietnam, in June, and two more rounds of negotiations are scheduled to take place in September (in the United States) and in October (in Peru).  The nine TPP members have set a goal of reaching the outlines of an agreement by November of this year.

    In the letter sent to the President, the House members stated that "[w]ere the TPP to ultimately contain a 12 year biologics exclusivity provision, it would impede the ability of Congress to achieve the Administration's proposed 7 year change without running afoul of U.S. trade obligations."  The legislators added that "[w]e see no reason for the United States to agree to such a provision, much less propose it."  Prior to passage of the PPACA in March of last year, Rep. Waxman had introduced biosimilar legislation in the House that would, like the Hatch-Waxman regulatory pathway for small molecule generic drugs, provide 5 years of exclusivity for generic biologics (see "Waxman Introduces Follow-on Biologics Bill").  In addition, the Obama Administration, via the Office of Management and Budget (OMB), released a letter in June of 2009 that advocated for a 7 year exclusivity period (see "White House Recommends 7-Year Data Exclusivity Period for Follow-on Biologics").  Earlier this year, the President unveiled his 2012 budget proposal, which if approved unchanged, would trim the data exclusivity provision of the PPACA from 12 years to 7 years (see "President's Budget Proposal Increases Funding for Basic Research But Seeks to "Trim" Data Exclusivity Period and Pay-for-Delay Agreements").

    TTP Members
    TTP members – original four members in orange and additional five members in green.