Skinny Label and Induced Infringement: The Saga Continues
FDA Law Blog: Biosimilars
MAY 11, 2023
If an FDA-approved carve-out could support an intent to induce infringement claim, the use of the “section viii pathway would be substantially deterred.” Plainly, the Government brief states “The decision below is incorrect. The Government’s brief puts a lot of faith in the existing regulatory system rather than the patent system.
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