Law360, New York (June 11, 2015, 9:18 AM EDT) -- On May 22, 2015, in New York v. Actavis, a panel of the U.S. Court of Appeals for the Second Circuit became the first appellate court to consider the legal limits attendant to “product-hopping” in the pharmaceutical industry, a term given by some to a variety of practices used by drug manufacturers to migrate patients from a medicine approaching the end of its patent life to a successor with much of its patent term remaining.
In affirming the district court’s grant of a preliminary injunction, the panel held that pharmaceutical manufacturer Actavis PLC, and its wholly owned subsidiary Forest Laboratories LLC...
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