· 9/4/2008
Janssen Pharmaceutica, NV v. Apotex, Inc.
Citations
- 540 F.3d 1353
- 88 U.S.P.Q. 2d (BNA) 1079
- 2008 U.S. App. LEXIS 18822
- 2008 WL 4068688
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing Hatch- Waxman Act provisions creating potential 180-day period of exclusivity as incentive for first generic manufacturer to file ANDA
- “We agree with the parties that if Apotex had not stipulated to the validity of the '663 patent, then Caraco would have been controlling.”
- “We agree with the parties that if Apotex had not stipulated to the validity of the '663 patent, then Caraco would have been controlling.”
- “The 180[-]day exclusivity period is important to generic pharmaceutical companies as it promotes patent challenges by enabling a generic company a period to recover its investment in these challenges.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Michel, Rader, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.