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Articles

Infringement Analysis Under §271(e) Focuses On The Product That Is Likely To Be Sold Following ANDA Approval, Not

August 29, 2014

Articles

Infringement Analysis Under §271(e) Focuses On The Product That Is Likely To Be Sold Following ANDA Approval, Not

August 29, 2014

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Ferring B.V. v. Watson Labs, Inc. et al.,__ F.3d __ (Fed. Cir, Aug. 22, 2014) (LOURIE, Dyk, Reyna) (D. Nev. Jones) (2 of 5 stars)

Fed Cir affirmed non-obviousness but reversed infringement finding, and vacated the injunction and order preventing FDA approval of a generic product until patent expiration.  This is a companion appeal to Ferring, B.V. v. Apotex, Inc., involving the same patents but a different ANDA defendant. —Read more on Fish’s Litigation Blog

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