ANDA Filing Alone Is Not “Willful Infringement” Under Waxman/Hatch – Court
This article was originally published in The Pink Sheet Daily
Executive Summary
The Federal Circuit reverses an award of attorneys’ fees for GlaxoSmithKline in Ceftin patent litigation. Apotex’ conduct in filing a cefuroxime ANDA did not rise to the level of an “exceptional” case, the court says.