Judge Throws Out J&J's Willful Infringement Claim

Law360, New York (February 4, 2008, 12:00 AM EST) -- A federal judge ruled Monday that the mere filing of an Abbreviated New Drug Application cannot support a finding of willful infringement and then dismissed the willful infringement claim brought by subsidiaries of Johnson & Johnson in their patent infringement suit against Barr Pharmaceuticals Inc.

J&J subsidiaries Janssen and Ortho-McNeil had argued that they may assert, and develop during discovery, a willful infringement claim. But in granting Barr's motion for judgment on the pleadings, Judge Joel A. Pisano of the U.S. District Court for the District...
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