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Generic Firms Warned Of First-To-File Risk: Willful Infringement Cases Rising

Executive Summary

The pressure on generic companies to be first-to-file in patent challenges will lead to a "boom" in willful infringement cases against generics makers, an industry attorney maintains

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ANDA filing not “willful infringement”

The filing of an ANDA cannot constitute "willful infringement" under Waxman/ Hatch, a federal appeals court rules July 27. Federal Circuit reverses a Chicago judge's decision ordering Apotex to pay GlaxoSmithKline attorneys' fees in a Ceftin patent dispute (1"The Pink Sheet" June 2, 2003, p. 29). Apotex was enjoined from marketing its generic until the patents expired in July 2003...

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