“To address patent thickets.”
No CRS summary available for this bill.
This section amends the patent infringement safe harbor (35 U.S.C. 271(e)) to limit assertion to not more than one patent per Patent Group in actions against parties submitting or holding approvals for abbreviated new drug applications (ANDAs under 21 U.S.C. 355(b)(2) or (j)), section 505(b)(2) applications, or biosimilar biological product applications (42 U.S.C. 262(k)), or manufacturing, using, selling, offering to sell, importing, or introducing such products into interstate commerce. A Patent Group consists of two or more commonly owned patents or applications identified on or subject to terminal disclaimers under 35 U.S.C. 253 to another commonly owned patent (with linked patents or applications forming the same group); once one patent from a group is asserted, no additional patents from that group may be asserted against the same party. The amendment applies to applications submitted on or after the date of enactment.