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Providing active pharmaceutical ingredient to ANDA defendant not induced infringement

Peter Leung, Washington DC

The Federal Circuit has reversed a grant of summary judgment for induced infringement against a defendant who provided the active pharmaceutical ingredient to an ANDA defendant seeking to bring a generic onto the market

The ruling came today in Shire v Amneal Pharmaceuticals, a Hatch-Waxman case involving four patents (US Patents 7,105,786, 7,655,630, 7,659,253 and 7,662,787) covering an amphetamine that is less susceptible to abuse, LDX dimesylate. Shire holds the patents and markets LDX...

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