ANDA Filing Not Willful Patent Infringement Per Se, Federal Circuit Rules
The court’s decision, published on Tuesday, affirmed a lower court’s ruling that Canadian generics maker Apotex infringed two patents held by GlaxoSmithKline for its antibiotic Ceftin, but refused to classify the infringement as “willful.”
“We hold that the mere filing of an ANDA cannot constitute an act of willful infringement...
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