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October 14th, 2010
Teva v. Eisai: Subsequent Paragraph IV Filers Have Standing When Commencement of First-Filer’s Exclusivity Period is Delayed
In Teva v. Eisai, the Federal Circuit held that a subsequent Paragraph IV filer has standing when a patent listed in the Orange Book causes a delay in the triggering of a first filer’s exclusivity period and prevents the subsequent filer from bringing a generic drug to market. The Hatch-Waxman ...