,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dhgh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ca1     
#bjbd,mr4 ,durbin 7for himself and ,mr4 
,cassidy7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,health1 ,education1  
,labor1 and ,pensions  ,a ,,bill  ,to   
amend the ,federal ,food1 ,drug1 and    
,cosmetic ,act with respect to approval 
of abbreviated new drug applications4   
#a4 ,short title ,this ,act may be cited
 as the ,reforming ,evergreening and    
,manipulation that ,extends ,drug ,years
 ,act or the ,,remedy ,act4  #b4        
,amendments to ,,anda approval          
provisions ,section #eje of the ,federal
 ,food1 ,drug1 and ,cosmetic ,act 7#ba  
,u4,s4,c4 #cee7 is amended-- 7#a7 in    
subsection 7c77#b7 by adding at the end 
the following3 ,with respect to a drug  
approved on or after the date of        
enactment of the ,reforming             
,evergreening and ,manipulation that    
,extends ,drug ,years ,act1 when a      

holder of an approved application first 
files information under this paragraph  
with respect to one or more patents     
described in subsection                 
7b77#a77;,a77viii71 the holder shall    
select one such patent with respect to  
which the owner or licensee may receive 
the #cj-month stay under paragraph      
7#c77;,c71 as applicable2 for purposes  
of paragraphs 7#c77;,c7 and 7#c77;,e7   
and subsections 7j77#e77;,d77iii7 and   
7j77#e77;,f77ii71 such patent shall be  
referred to as the covered patent4 ,the 
selection of such covered patent may not
 be changed or amended42  7#b7 in       
subsection 7c77#c77;,c7-- 7,a7 in the   
matter preceding clause 7i7-- 7i7 by    
striking an action is brought for       
infringement and all that follows       
through the period at the end of the    
first sentence and inserting with       
respect to a drug approved under this   
subsection before the date of enactment 
of the ,reforming ,evergreening and     
,manipulation that ,extends ,drug ,years

 ,act1 an action is brought for         
infringement of any patent that is the  
subject of the certification and for    
which information was submitted to the  
,secretary under paragraph 7#b7 or      
subsection 7b77#a7 before the date on   
which the application 7excluding an     
amendment or supplement to the          
application7 was submitted1 or1 with    
respect to a drug approved under this   
subsection on or after the date of      
enactment of the ,reforming             
,evergreening and ,manipulation that    
,extends ,drug ,years ,act1 an action is
 brought for infringement of the covered
 patent 7as described in paragraph      
7#b771 before the date on which the     
application 7excluding an amendment or  
supplement to the application7 was      
submitted42 and  7ii7 by striking an    
action is brought before and inserting  
an action with respect to a patent or a 
covered patent1 as applicable1 is       
brought before2 and  7,b7 in clause 7i71
 by striking decides that the patent and

 inserting decides that the patent or   
the covered patent1 as applicable2  7#c7
 in the second sentence of subsection   
7c77#c77;,e77ii71 by inserting with     
respect to any patent that claims a drug
 that was approved under this subsection
 before the date of enactment of the    
,reforming ,evergreening and            
,manipulation that ,extends ,drug ,years
 ,act1 or1 with respect to a covered    
patent 7as described in paragraph 7#b77 
that claims a drug approved under this  
subsection on or after the date of      
enactment of such ,act1 after action for
 patent infringement2  7#d7 in          
subsection 7j77#e77;,b77iii7-- 7,a7 in  
the matter preceding subclause 7,i7--   
7i7 by striking an action is brought for
 infringement and all that follows      
through the period at the end of the    
first sentence and inserting with       
respect to a drug approved under        
subsection 7c7 before the date of       
enactment of the ,reforming             
,evergreening and ,manipulation that    

,extends ,drug ,years ,act1 an action is
 brought for infringement of any patent 
that is the subject of the certification
 and for which information was submitted
 to the ,secretary under subsection     
7b77#a7 or 7c77#b7 before the date on   
which the application 7excluding an     
amendment or supplement to the          
application71 which the ,secretary later
 determines to be substantially         
complete1 was submitted1 or1 with       
respect to a drug approved under        
subsection 7c7 on or after the date of  
enactment of the ,reforming             
,evergreening and ,manipulation that    
,extends ,drug ,years ,act1 an action is
 brought for infringement of the covered
 patent 7as described in subsection     
7c77#b77 before the date on which the   
application 7excluding an amendment or  
supplement to the application71 which   
the ,secretary later determines to be   
substantially complete1 was submitted42 
and  7ii7 by striking an action is      
brought before and inserting an action  

with respect to a patent or a covered   
patent1 as applicable1 is brought       
before2 and  7,b7 in subclause 7,i71 by 
striking decides that the patent and    
inserting decides that the patent or    
covered patent1 as applicable12 and     
7#e7 in the second sentence of          
subsection 7j77#e77;,f77ii71 by         
inserting with respect to any patent    
that claims a drug that was approved    
under subsection 7c7 before the date of 
enactment of the ,reforming             
,evergreening and ,manipulation that    
,extends ,drug ,years ,act1 or1 with    
respect to a covered patent 7as         
described in subsection 7c77#b77 that   
claims a drug approved under subsection 
7c7 on or after the date of enactment of
 such ,act1 after action for patent     
infringement4