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Hatch-Waxman Safe Harbor Could Get Supreme Court Review

This article was originally published in The Pink Sheet Daily

Executive Summary

High court invites the Solicitor General to submit a brief after GlaxoSmithKline seeks review of a Federal Circuit finding that the safe harbor provision barring infringement claims only pertains to actions to obtain generic approvals; the ruling held GSK’s participation in a study on immunization schedules infringed Classen patents.

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