This Comment explores the Drug Price Competition and Patent Term Restoration Act of 1984. This statute was enacted to encourage expenditure in the areas of pharmaceutical and medical inventions, and to ensure greater competition in these fields at an earlier date after relevant patents expire. The author argues that courts' interpretations of this act may be preventing these original goals of Congress from being met. Several courts have based denial of declaratory judgments upon this statute. The author argues that if the statute is interpreted as requiring the denial of all declaratory judgment suits, the statute may actually discourage companies from expending the money necessary to obtain FDA approval.
The Exemption from Patent Infringement and Declaratory Judgments: Misinterpretation of Legislative Intent?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol31/iss4/8