High Court's Pass Gives Drug-Patent Safe Harbor Wide Reach

Law360, New York (June 24, 2013, 9:33 PM EDT) -- The U.S. Supreme Court's Monday rejection of an appeal by Momenta Pharmaceuticals Inc. over the Hatch-Waxman Act safe harbor, which protects some infringing conduct involving drug patents, leaves intact a broad reading of the law but sets the stage for further litigation over its scope, attorneys say.

In an August decision that lifted an injunction on Amphastar Pharmaceuticals Inc.'s generic version of the blood thinner Lovenox, the Federal Circuit ruled that the safe harbor, which holds that infringing conduct is legal if it is done under...
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