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A recent decision by the U.S. District Court for the Southern District of Florida in Apotex, Inc. v. UCB, Inc. provides a cautionary tale about aggressive offensive tactics sometimes employed by generic drug companies in the context of high-stakes pharmaceutical patent litigation. The Florida federal district court judge captured the essence of the tale as follows: “This case involves an orchestrated scheme to deceptively obtain a patent with respect to a competitor’s product. It is illustrative of inventive litigation, as opposed to the scientific discovery that the patent laws were designed to promote.”

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