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CREATES Act To Face Major Reshaping By Innovator-Friendly Amendments On Senate Floor

Executive Summary

The Creating and Restoring Equal Access to Equivalent Samples Act clears US Senate Judiciary Committee.  During markup, Sens. Hatch, R-Utah, and Cornyn, R-Tex., preview future amendments that would benefit innovators.

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Republican House Energy and Commerce Committee members say potentially taking a company's revenue for blocking a generic company from obtaining samples, rather than profit, is excessive.

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Association for Accessible Medicines' Davis tries to counter concerns that the long-stalled measure would incentivize lawsuits against brand companies; witnesses at a House subcommittee hearing on drug pricing legislation also testified that the BLOCKING Act would create an overly broad and complicated framework for triggering 180-day exclusivity.

CREATES Act: Republican Lawmakers Worry About Frivolous Lawsuits By Generic Firms

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