Actelion Clinical Research, Inc., et al. v. Apotex Inc., et al. Amicus Brief

Shire filed a suit for patent infringement under the Hatch-Waxman Act based on Amneal’s filing of an Abbreviated New Drug Application (ANDA). In its suit, Shire sued not only Amneal, the generic pharmaceutical company, but also Johnson Matthey, a company that supplies ingredients for generic products but does not sell finished dose generic products itself. Shire accused Johnson Matthey of inducing Amneal’s alleged patent infringement. Goodwin was retained by the Generic Pharmaceutical Association to argue why companies that supply ingredients to generic manufacturers are not liable for induced infringement based on the safe-harbor at 35 U.S.C. § 271(e)(1), and to explain the problems such suits would create under the Hatch-Waxman system. The Federal Circuit agreed with Goodwin’s arguments, and dismissed the suit against Johnson Matthey.

Actelion Clinical Research, Inc., et al. v. Apotex Inc., et al. Amicus Brief

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