September 2009
    

A Life Sciences e-Alert and White Paper:

Fall 2009 Update on Current Federal Public Policy Issues Affecting Life Sciences

As the 111th U.S. Congress heads back into session in early September, plenty of issues that impact the life science community await the legislators' attention. Under the Obama Administration, issues that impact the life sciences industry continue to garner significant attention, including:

• Patent Reform - Patent reform legislation has been introduced in Congress for the third consecutive year. Although the new bills attempt to reconcile areas of previous disagreement, negotiations on key provisions related to apportionment of damages and venue continue.

• Follow-On Biologics (FOBs) - With a flurry of bills introduced in Congress, the necessity and period for data exclusivity and the length of a period (current proposals range from 5 to 14 years) will likely dominate this session’s discussions regarding the creation of a pathway for regulatory approval of FOBs.

• Reauthorization of SBIR/STTR Programs - The SBIR/STTR programs continue to hang by a thread, as the extent to which venture capital-backed companies qualify for funding remains one of the primary obstacles to extending the soon-to-expire programs.

• Stem Cell Research - By Executive Order, President Obama made quick work of the prior administration’s limitation on federal funding for research involving human embryonic stem cells. Proposed legislation would go a step further by providing clear guidance on the eligibility of embryonic stem cells for research.

• Alternative and Clean Energy - Legislation narrowly passed in the House that would require utilities to supply an increasing percentage of their demand from a combination of energy efficiency savings and renewable energy, among a host of other energy related changes.

The Polsinelli Shughart Life Sciences group explores the landscape of life science public policy issues that have been and will continue to be debated in the halls of Congress in a Whitepaper titled, “Fall 2009 Update on Current Federal Public Policy Issues Affecting the Life Sciences.” To access a free copy containing more details on these and other pending federal public policy issues, click here.

If you have any questions about the information contained in this e-Alert, please contact Kevin R. Sweeney, chair of the Polsinelli Shughart PC Life Sciences practice group at KRSweeney@polsinelli.com.

About Our Life Sciences Practice Group

In an era when the life science industry is experiencing rapid growth, the multidisciplinary Life Sciences Group of Polsinelli Shughart PC is on the forefront of representing industry participants, providing the entire spectrum of their legal needs. Our team of Life Sciences attorneys provide tailored and focused representation to early stage and mature life sciences businesses in the areas of intellectual property and technology transfer, health care, corporate finance, regulatory and real estate development, and nonprofit organizations, among others. Our clients cover the entire spectrum of the life science industry, including those involved with human health, animal health, plant science, alternative energy and biosecurity. To learn more about our services, click here.

About Polsinelli Shughart PC

With more than 480 attorneys, Polsinelli Shughart PC is a national law firm that is a recognized leader in the areas of business litigation, financial services, bankruptcy, real estate, business law, labor and employment, construction, life sciences and health care. Serving corporate, institutional and individual clients regionally, nationally and worldwide, Polsinelli Shughart is known for successfully applying forward-thinking strategies for both straightforward and complex legal matters. The firm can be found online at www.polsinelli.com.