Judiciary Committee
- Referred To
Introduced: Jan 9, 2025
Latest action date: Jan 9, 2025
Latest development
Read twice and referred to the Committee on the Judiciary.
Status detail: The most advanced recorded stage is committee consideration.
Plain-language overview
Skinny Labels, Big Savings Act
This bill provides a statutory safe harbor from patent infringement claims for generic or biosimilar manufacturers that seek or obtain approval for skinny labels of their drugs.
Under current law, the Food and Drug Administration (FDA) may approve generic and biosimilar drugs through a process known as skinny labeling, which allows a generic manufacturer to seek approval only for approved uses of the drug that are no longer protected by patents. However, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a court held that a generic manufacturer may sometimes be liable for patent infringement when it markets skinny label generics.
The bill specifically lists the following as actions that are not considered infringement of a method of use claim in a patent under the Federal Food, Drug, and Cosmetic Act:
The bill also applies the safe harbor to similar actions under the Public Health Service Act.
Civixly topics
Civixly topics make federal and state legislation comparable. They are derived from the official CRS policy area and legislative subjects.
Official CRS policy area
Commerce
Committees and subcommittees that received, reviewed, marked up, or reported this legislation.
Proposed changes to this measure, with their latest official outcome or action from Congress.gov.
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Checked against Congress.gov Sep 16, 2026.
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Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
Recorded House and Senate votes connected to this bill. Your representatives appear first when available.
No connected roll-call votes are currently available for this bill.
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