Weighing Generic Litigation In The ITC

Law360, New York (April 28, 2011, 12:01 PM EDT) -- Pharmaceutical companies are not strangers to the U.S. International Trade Commission, although they generally have appeared as respondents, such as in a recent investigation initiated by a Florida patent-holding company against Merck over the Nuvaring birth control device.

Recently, however, Eli Lilly created a small stir in the pharmaceutical and ITC legal communities when it filed a complaint at the ITC as a petitioner, affirmatively requesting the institution of an ITC § 337 investigation. The complaint lists Hospira as a proposed respondent over claims of patent...
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