Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 23, 2022 |
print number 7245a |
May 23, 2022 |
amend and recommit to health |
Jan 05, 2022 |
referred to health |
Apr 29, 2021 |
referred to health |
Assembly Bill A7245
2021-2022 Legislative Session
Sponsored By
GOTTFRIED
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
John T. McDonald III
Mathylde Frontus
Charles Barron
Steven Englebright
2021-A7245 - Details
- Current Committee:
- Assembly Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add Art 2-A Title IV §§282 & 283, Pub Health L
- Versions Introduced in 2023-2024 Legislative Session:
-
A7465
2021-A7245 - Summary
Relates to preserving access to affordable drugs; provides that an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value from another company asserting patent infringement and if the nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer's product for any period of time.
2021-A7245 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7245 2021-2022 Regular Sessions I N A S S E M B L Y April 29, 2021 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to preserving access to affordable drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 2-A of the public health law is amended by adding a new title IV to read as follows: TITLE IV PRESERVING ACCESS TO AFFORDABLE DRUGS SECTION 282. DEFINITIONS. 283. PRESERVING ACCESS TO AFFORDABLE DRUGS. § 282. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ANDA" SHALL MEAN ABBREVIATED NEW DRUG APPLICATION. 2. "ANDA FILER" SHALL MEAN A PARTY THAT OWNS OR CONTROLS AN ANDA FILED WITH THE FEDERAL FOOD AND DRUG ADMINISTRATION OR HAS THE EXCLUSIVE RIGHTS UNDER THAT ANDA TO DISTRIBUTE THE ANDA PRODUCT. 3. "AGREEMENT" SHALL MEAN ANYTHING THAT WOULD CONSTITUTE AN AGREEMENT UNDER STATE LAW. 4. "AGREEMENT RESOLVING OR SETTLING A PATENT INFRINGEMENT CLAIM" INCLUDES ANY AGREEMENT THAT IS ENTERED INTO WITHIN THIRTY DAYS OF THE RESOLUTION OR THE SETTLEMENT OF THE CLAIM, OR ANY OTHER AGREEMENT THAT IS CONTINGENT UPON, PROVIDES A CONTINGENT CONDITION FOR, OR IS OTHERWISE RELATED TO THE RESOLUTION OR SETTLEMENT OF THE CLAIM. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING: (A) ANY AGREEMENT REQUIRED TO BE PROVIDED TO THE FEDERAL TRADE COMMIS- SION OR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERN- IZATION ACT OF 2003, PUB. L. NO. 108-173; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04644-01-1
co-Sponsors
John T. McDonald III
Mathylde Frontus
Charles Barron
Steven Englebright
2021-A7245A (ACTIVE) - Details
- Current Committee:
- Assembly Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add Art 2-A Title IV §§282 & 283, Pub Health L
- Versions Introduced in 2023-2024 Legislative Session:
-
A7465
2021-A7245A (ACTIVE) - Summary
Relates to preserving access to affordable drugs; provides that an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, shall be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value from another company asserting patent infringement and if the nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer's product for any period of time.
2021-A7245A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7245--A 2021-2022 Regular Sessions I N A S S E M B L Y April 29, 2021 ___________ Introduced by M. of A. GOTTFRIED, McDONALD, FRONTUS, ENGLEBRIGHT, J. D. RIVERA, GRIFFIN, DAVILA, BURDICK, SIMON, SILLITTI, BARNWELL, EPSTEIN, L. ROSENTHAL, WALLACE, LUPARDO, GONZALEZ-ROJAS, PAULIN, GALEF, THIELE, ABINANTI, BICHOTTE HERMELYN, STECK, SOLAGES, STIRPE, SMITH, REYES, NIOU, FORREST, LAVINE, JEAN-PIERRE, JACKSON, GUNTHER, HEVESI, DINOWITZ, QUART, MAMDANI -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public health law, in relation to preserving access to affordable drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 2-A of the public health law is amended by adding a new title IV to read as follows: TITLE IV PRESERVING ACCESS TO AFFORDABLE DRUGS SECTION 282. DEFINITIONS. 283. PRESERVING ACCESS TO AFFORDABLE DRUGS. § 282. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ANDA" SHALL MEAN ABBREVIATED NEW DRUG APPLICATION AS DESCRIBED BY 505(J) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 335(J). 2. "ANDA FILER" SHALL MEAN A PARTY THAT OWNS OR CONTROLS AN ANDA FILED WITH THE FEDERAL FOOD AND DRUG ADMINISTRATION OR HAS THE EXCLUSIVE RIGHTS UNDER THAT ANDA TO DISTRIBUTE THE ANDA PRODUCT. 3. "AGREEMENT" SHALL MEAN ANYTHING THAT WOULD CONSTITUTE AN AGREEMENT UNDER STATE LAW. 4. "AGREEMENT RESOLVING OR SETTLING A PATENT INFRINGEMENT CLAIM" INCLUDES ANY AGREEMENT THAT IS ENTERED INTO WITHIN THIRTY DAYS OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04644-05-2
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