The Law on Damages in Generic Drug Launches Remains Vague

, New York Law Journal


David Manspeizer, an intellectual property litigation partner at Wilmer Cutler Pickering Hale and Dorr, writes: At-risk launches have become a popular tactic by generic pharmaceutical companies over the last 10 years. As a result, counsel for branded and generic companies are increasingly litigating highly complex damages issues. However, the law on patent damages as applied to the interactions between generic and branded products in the pharmaceutical marketplace remains largely undeveloped.

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