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ANDA filing not “willful infringement”

Executive Summary

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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