SG Urges Justices To Reject Hatch-Waxman Safe Harbor Case

Law360, New York (December 17, 2012, 9:39 PM EST) -- The federal government told the U.S. Supreme Court on Thursday that safe-harbor provision of the Hatch-Waxman Act can cover allegedly infringing activities that occur after government approval of a drug, and urged the court not to weigh in on the issue.

U.S. Solicitor General Donald Verrilli told the justices to reject an appeal by GlaxoSmithKline PLC in a patent dispute with Classen Immunotherapies Inc., even though he said the Federal Circuit had reached the wrong decision in the case.

The dispute centers on the act's safe...
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