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Roche Toradol patent language removed from Senate appropriations bill.

Executive Summary

ROCHE PATENT LANGUAGE REMOVED FROM SENATE SUPPLEMENTAL APPROPRIATIONS bill (S 672) by an amendment introduced during May 6 floor discussion by Sen. Wellstone (D-Minn.) and approved by voice vote. The provision, which was introduced in committee by Sen. Hollings (D-S.C.), would have reversed the Federal Court of Appeals decision in Merck v. Kessler that drugs protected under Waxman-Hatch extensions are ineligible for additional patent protection under the Uruguay Round GATT agreements. Roche's analgesic Toradol would receive an additional 14 months of market exclusivity if the ruling is overturned ("The Pink Sheet" May 5, T&G-2).



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