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Decision Against Attorney Fees In Mucinex Patent Claim Could Resonate

Executive Summary

US federal court judge says Mucinex marketer Reckitt Benckiser is not responsible for OTC private label competitor Aurobindo’s attorney fees because its patent infringement complaint was not “exceptional” and its argument had merit. The decision could bolster drug firms' confidence in defending their patents.

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Reckitt Negotiating Details For Generic Mucinex It Will Provide Mutual

Litigation over supply agreement stayed after firms indicated to US district court they would settle. Mutual showed that RB failed to honor an agreement to supply generics of the original Mucinex guaifenesin, but had not provided sufficient detail for RB to provide a product that would meet regulatory standards.

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