GSK Seeks High Court Input On IP Safe-Harbor Rule

Law360, New York (March 8, 2012, 9:32 PM EST) -- GlaxoSmithKline PLC asked the U.S. Supreme Court last month to review a decision that upheld Classen Immunotherapies Inc.'s patents for evaluating a vaccine immunization schedule, arguing the Federal Circuit wrongly ruled on a statute covering exemptions meant to protect parties from infringement liability.

GSK said in a petition for writ of certiorari Feb. 28 that the Federal Circuit misread Section 271 of U.S. Code and incorrectly ruled that it was limited to activities conducted to obtain premarketing approval of generic counterparts of patented inventions before patent...
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