How amending ANDA specifications can win or lose pharmaceutical patent litigation
نویسندگان
چکیده
Martin S. Masar III (L), an associate with Katten Muchin Rosenman in Chicago, has a variety of experience in patent litigation and prosecution, as well as in other areas of intellectual property and antitrust litigation. His practice focuses on chemistry, pharmaceutical arts, nanotechnology and biotechnology. Thomas J. Maas (R), an associate with the firm, concentrates his practice on resolving disputes relating to intellectual property, pharmaceuticals and alcoholic beverages. He has broad litigation experience in patent, antitrust, trademark, securities fraud and complex commercial cases. Hatch-Waxman patent litigation can extend — or decimate — profits for branded drugs, and it can accelerate market entry for generic products. Patent litigation has been an integral part of the pharmaceutical industry since enactment of the Hatch-Waxman Act in 1984. Congress adopted Hatch-Waxman, formally known as the Drug Price Competition and Patent Term Restoration Act of 1984, P.L. 98-417, to expedite and streamline both approval of generic drugs and patent litigation involving generic drugs.
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