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Expert Analysis

Infringement Liability May Exist For Foreign Manufacturers

Law360, New York ( June 6, 2013, 2:04 PM EDT) -- Many foreign manufacturers ignore U.S. patents because they wrongly assume they have no real economic risk and are not liable for infringing a patent in another country. But when products are being shipped to the U.S from another country, infringement liability may exist. Thus it is important for foreign manufacturers of active pharmaceutical ingredients ("APIs") exporting to the U.S. to be sure that their manufacturing process does not infringe a claim of any valid and enforceable U.S. process patent, because the foreign manufacturer can be liable for such infringement. ...

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