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Wiley Rein LLP | USA | 14 Mar 2011

Court to weigh viability of state suits over generics

On March 30, the U.S. Supreme Court will hear argument in three consolidated cases involving injury allegedly caused by generic versions of the prescription drug Reglan (metoclopramide): Pliva v. Mensing, U.S., No. 09-993, Actavis Elizabeth LLC v. Mensing, U.S., No. 09-1039, and Actavis Inc. v. Demahy, U.S., No. 09-1501.


Locke Lord LLP | USA | 20 Oct 2009

Infringement conflict for product-by process claims resolved

In a consolidated case on appeal from two separate jurisdictions, the Federal Circuit overruled an earlier decision to resolve a conflict regarding product-byprocess infringement claims.


Locke Lord LLP | USA | 13 Oct 2008

Generic may bring declaratory judgment action despite covenant not to sue

The Federal Circuit recently held that a unilateral covenant not to sue a competitor did not prevent a generic drug applicant from bringing a declaratory judgment action challenging the brand company’s patent.

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