Federal Judge Says Safe Harbor Applies In Patent Case

Federal Judge Says Safe Harbor Applies In Patent Case

BOSTON - Acting on remand from the Federal Circuit U.S. Court of Appeals, a Massachusetts federal judge on July 19 found that a generic drug maker's allegedly infringing activity is subject to the safe harbor provisions of Section 271(e)(1) of the Hatch Waxman Act (Momenta Pharmaceuticals Inc. and Sandoz Inc. v. Amphastar Pharmaceuticals Inc. et al., No. 11-11681, D. Mass.).

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