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Federal Circuit Rules That Filing an ANDA Is Not Willful Infringement
In Glaxo Group, Ltd. v. Apotex, Inc., No. 03-1575, 2004 U.S. App. LEXIS 15489 (Fed Cir. 2004), the Federal Circuit held that the act of merely filing an Abbreviated New Drug Application (ANDA) could not constitute willful infringement and reversed the attorneys' fees that were awarded by the district court.
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