Safe Harbor Findings Vacated By Federal Circuit In Patent Case

(November 12, 2015, 12:36 PM EST) -- WASHINGTON, D.C. — Although a Massachusetts federal judge properly found that five defendants do not infringe a patent covering a process for ensuring quality control of the anticoagulant drug enoxaparin under 35 U.S. Code Section 271(g), he erred with regard to findings that four of the defendants were also entitled to safe harbor under Section 271(e)(1), the Federal Circuit U.S. Court of Appeals ruled Nov. 10 (Momenta Pharmaceuticals Inc., et al. v. Teva Pharmaceuticals USA Inc., et al., Nos. 14-1274, -1277, Fed. Cir.; 2015 U.S. App....
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