Hatch/Waxman Act Allows Potential Copyright Infringement - Court
This article was originally published in The Tan Sheet
Executive Summary
A New York City federal appeals court unanimously ruled in favor of Watson Pharmaceuticals April 4, lifting a preliminary injunction against the sale of its generic OTC nicotine polacrilex gum and dismissing SmithKline Beecham Consumer Healthcare's copyright infringement action.
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Nicotine gum
U.S. Supreme Court denies SmithKline requested review of a New York federal appellate decision allowing Watson Pharmaceuticals to market private label OTC nicotine polacrilex gum. The high court Oct. 2 declines SB's request to consider claims the audiocassette and user's guide for Watson's private label gum infringe the Nicorette copyright. Watson began selling the gum after the Second Circuit's April ruling that the Hatch/Waxman Amendments "require generic drug sellers to use labeling that may infringe a copyright in the label of a pioneer drug" (1"The Tan Sheet" April 10, p. 8)
Nicotine gum
U.S. Supreme Court denies SmithKline requested review of a New York federal appellate decision allowing Watson Pharmaceuticals to market private label OTC nicotine polacrilex gum. The high court Oct. 2 declines SB's request to consider claims the audiocassette and user's guide for Watson's private label gum infringe the Nicorette copyright. Watson began selling the gum after the Second Circuit's April ruling that the Hatch/Waxman Amendments "require generic drug sellers to use labeling that may infringe a copyright in the label of a pioneer drug" (1"The Tan Sheet" April 10, p. 8)
Nicotine gum
U.S. Supreme Court denies SmithKline requested review of a New York federal appellate decision allowing Watson Pharmaceuticals to market private label OTC nicotine polacrilex gum. The high court Oct. 2 declines SB's request to consider claims the audiocassette and user's guide for Watson's private label gum infringe the Nicorette copyright. Watson began selling the gum after the Second Circuit's April ruling that the Hatch/Waxman Amendments "require generic drug sellers to use labeling that may infringe a copyright in the label of a pioneer drug" (1"The Tan Sheet" April 10, p. 8)