Fed. Circ. Nixes 'Safe Harbor' Appeal

Law360, New York (August 5, 2008, 12:00 AM EDT) -- A federal appeals court ruled on the reach of the Hatch-Waxman Act's safe harbor provision Tuesday, rejecting InnovaSystems Inc.'s argument that the trial court erred in concluding that Innova wasn't entitled to protection.

The U.S. Court of Appeals for the Federal Circuit handed down a decision affirming the lower court's judgment in favor of plaintiff Proveris Scientific Corp., which centers on a single patent that covers a system and method for analyzing aerosol sprays used in various drug delivery devices like nasal sprays and inhalers....
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