>i don't think b (FoB legislation in 2008) is a possibility<
Why not?
I think Big Biotech (AMGN, DNA, BIIB) will scale back—or even cease—their lobbying against an FoB bill and, as soon as they do, an FoB bill will pass with ease.
Big Biotech are quite simply on the wrong side of this issue and continuing to lobby against FoB legislation will be quite costly in terms of public opinion. I think they are already coming around to this realization.