How would patent reform legislation in the United States impact the pharmaceutical industry?

Abstract

The United States Congress is attempting to tackle a perceived problem with so-called 'patent trolls' by introducing legislation directed at the particular traits attributable to these patent holders. Two of these proposed provisions involve fee-shifting and heightened pleading standards. The problem is that these legislative proposals are not narrowly tailored, but rather are blunt instruments that will likely impact all patent holders. This threat is particularly problematic for the pharmaceutical industry, where the proposed patent reform is likely to disrupt the delicate balance established for Hatch-Waxman-type litigation.