Dissent Exposes Flaws In Fed. Circ. ANDA Patent Holding
By Daniel Pereira ( September 16, 2019, 5:30 PM EDT) -- Nalpropion Pharmaceuticals Inc. v Actavis Laboratories FL Inc.[1] is a precedential U.S. Court of Appeals for the Federal Circuit opinion written by U.S. Circuit Judge Alan Lourie with U.S. Circuit Judge Evan Wallach and a dissent from U.S. Circuit Judge Sharon Prost in a case that arose from the filing of an abbreviated new drug application litigation in which Actavis sought approval for its generic version of Nalpropion's Contrave product. Footnote 1 in the opinion outlines the rather complex history of the ownership/license interests as they changed over time....
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