My colleague, Professor Erika Lietzan (Missouri) has released a really interesting and thorough article walking through the history of the Hatch-Waxman legislation process beginning with some proposals in the 1970s through its passage in 1984. The article is important in the midst of increasing calls for reform of the system.
[T]he conventional wisdom about the Hatch–Waxman Amendments — as a privately negotiated compromise between the innovative and generic industries in which each gained and each lost — is wrong. . . . The truth is more nuanced, and the balance of benefits and costs different.
Basically – and at the risk of oversimplification – Prof. Lietzan argues that this compromise analysis ignores the important expected broad social benefit of generic involvement championed by Rep. Waxman and Public Citizen. Lietzan writes that the outcome of this public alliance with generic entrants “made generic companies better off, and it made patent owners worse off.” That result cannot be explained by the traditional insider-negotiated story.
Read a draft here: Erika Lietzan, The Political Economy of the Hatch-Waxman Amendments (March 13, 2018). Seton Hall Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3140141