Alert

Recommended Alerts

Sign Up For Alerts

Representatives Schweikert and DelBene Reintroduce Bipartisan Advancing America’s Interests Act to Curtail Intellectual Property Enforcement at the International Trade Commission

On September 7, 2021, Representatives Suzan DelBene (D-WA) and David Schweikert (R-AZ) reintroduced the “Advancing America’s Interests Act” (AAIA) this Congress as H.R. 5184. The AAIA would amend Section 337 of the U.S. Tariff Act of 1930, which is the enabling statute of the U.S. International Trade Commission (ITC), a quasi-judicial federal agency in Washington, D.C. with broad investigative powers on matters of trade. Among other responsibilities, the ITC conducts investigations under Section 337 concerning unfair methods of competition or unfair acts in importation, including the importation of products that infringe intellectual property rights (such as patents, trademarks, copyrights, and trade secrets). The ITC has the ability to issue exclusion orders, powerful remedies similar to injunction but that are enforced by U.S. Customs to stop infringing products at the border from importation into the United States. Central to the ITC’s Section 337 authority is the notion of protecting so-called “domestic industries” from unfair trade practices and the consideration of the “public interest” in issuing its remedial orders.

Read More

Can They Really Do That? The Specter of Government-Authorized Infringement of Pharmaceutical Patents

Practices: Intellectual Property, Life Sciences

Printer-Friendly Version

The perception that pharmaceuticals in the United States are overpriced, and that patent rights are why, has been a recurrent political theme over the last several years.  This view, along with the ongoing novel coronavirus pandemic, has caused some to consider whether the U.S. government should act to ensure affordable access to potentially life-saving medicines.

But under what authority could the U.S. government take action on patents in an attempt to lower drug prices or make a lifesaving product more widely accessible?  A team of Ropes & Gray intellectual property litigators, led by partners Matt Rizzolo, Filko Prugo, and Charlotte Jacobsen, has authored a white paper exploring the topic in depth.  The paper – titled Can They Really Do That? The Specter of Government-Authorized Infringement of Pharmaceutical Patents – offers a detailed look into two possible statutory levers that the federal government could pull.  The authors also discuss the important roles that the Food, Drug, & Cosmetic Act and the fragmented nature of the U.S. health care system may play in any government-authorized infringement or compulsory licensing efforts.  Finally, they discuss a variety of legal and policy avenues that patent holders may employ if their patent rights are threatened by the government, up to and including constitutional claims.

Click here to read the full Whitepaper.

Printer-Friendly Version

Cookie Settings