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How Will H.R. 3309 (the Innovation Act) Impact Pharmaceutical and Biotechnology Patent Cases?

October 29, 2013

By DAVID M. CONCA, ERIC W. DITTMANN, & SUKI C. PASQUET

The Chairman of the House Judiciary Committee and a bipartisan group of U.S. Representatives introduced H.R. 3309, the Innovation Act, on October 23, 2013. Although its primary aims are to tweak certain provisions of the Leahy-Smith America Invents Act and to discourage frivolous lawsuits brought by certain patent assertion entities, H.R. 3309 contains several provisions that will impact pharmaceutical and biotechnology patent infringement cases, in particular those brought under the Hatch-Waxman Act.