Thursday, September 08, 2011

"The Dog Ate My Homework" component of Patent Reform (HR 1249)

The New York Times reported on September 8 about an interesting part of HR 1249.

H.R. 1249 includes a provision, glibly termed "The Dog Ate My Homework Act" that would retroactively lengthen the deadline for applying for a patent term extension. Sen. Sessions, with Senator Coburn, proposed an amendment stripping that provision from H.R. 1249. This particular provision is motivated by problems of The Medicine Company of Parsippany, New Jersey and is designed to reinstate the The Medicine Company’s (MDCO’s) patent covering its Angiomax drug. The law firm WilmerHale is on the hook for substantial malpractice damages due to the filing debacle. These two firms have spent around $20 million lobbying Congress on this issue. The Medicines Company also has issues with Ropes & Gray.


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