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Federal Circuit Upholds Home Field Advantage in Generic Drug Cases

By David S. Gold & David M. Kohane on March 28, 2016
Posted in Patents

Under United States law, the holder of a patent on a brand-name, FDA-approved drug can bring suit for patent infringement against a generic drug manufacturer even before the generic manufacturer brings the drug to market.  That right to sue is triggered by the generic manufacturer’s filing of the short-cut application to the FDA to sell…

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