Economics Of Irreparable Harm In Pharma Patent Litigation

Law360, New York (November 18, 2013, 2:13 PM EST) -- The Drug Price Competition and Patent Term Restoration Act of 1984, also known as the Hatch-Waxman Act, allows generic products to be launched while the patent(s) on the equivalent branded drug are in litigation. Such a launch is called at-risk because of the possibility that, at trial, the court finds the generic drug infringed on the branded drug’s patents. Branded companies often seek a preliminary injunction to prevent the generic from launching at-risk. For such an injunction to be granted, the branded company must establish that...
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