Proposed Amendment to Hatch-Waxman Act May Prohibit Use of Post-Grant Procedures
U.S. Senator Orrin Hatch, co-author of the Hatch-Waxman Act, recently proposed an amendment to the Act that would prevent generic drug companies from using any AIA post-grant procedure (IPR or PGR) on an Orange Book patent identified in their PIV certifications. The proposed amendment would require that the patent certification required under 21 USC §…