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Expert Analysis

Fed. Circ. Limits Safe Harbor For Post-Approval Conduct

Law360, New York (November 17, 2015, 11:38 AM EST) -- The Federal Circuit's Nov. 10 decision in Momenta Pharmaceuticals Inc. v. Teva Pharmaceuticals USA Inc. ("Momenta II"),[1] which reversed its earlier decision in Momenta Pharmaceuticals Inc. v. Amphastar Pharmaceuticals Inc. ("Momenta I"), [2] is particularly significant. The decision not only narrows the scope of safe harbor protection for post-approval conduct but also seemingly eliminates such protection for research tools patents....

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