David Rosen Comments on IP Influence of Orrin Hatch

Foley & Lardner LLP Partner David Rosen is quoted in the Law360 article, “Orrin Hatch's IP Influence Goes Far Beyond Generic Drugs,” about Utah Senator Orrin Hatch, who passed away in April 2022, and his influence on the current intellectual property system.

Hatch worked on numerous pieces of legislation that revamped rights across patents, copyright, trademarks and trade secrets – most notably the Hatch-Waxman Act that allows generic-drug makers to use branded companies' patented inventions during research and development in the hopes of getting generic drugs on the market as soon as the patents expire or are invalidated, and when the generic company applies for U.S. Food and Drug Administration (FDA) approval, the branded-drug makers receive an automatic 30-month stay on that approval.

The act also has had a long-term benefit for consumers. "It still plays a major role in trying to reduce health care costs by getting generic versions of drugs on the marketplace," Rosen said. "It's a positive benefit for the American public, and we see more and more new drugs coming out, too. 1984-2022 is a long time, and it's still having the intended effect it was supposed to." Rosen helped work on the bill and its implementation while at the FDA.

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