A generic pharmaceutical company's move to preserve litigation options in case an appellate court reversed its lower court win on one set of grounds was "particularly egregious," the U.S. Court of Appeals for the Federal Circuit has ruled.
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The original version of this story was published on Law.Com
The Federal Circuit’s March 24 unanimous order in Aventis Pharma S.A. v. Hospira Inc. warned defendant Apotex Inc. that it could face sanctions.
Circuit Judge Kimberly Moore penned the order, which the court categorized as precedential. Circuit Judge Sharon Prost and Senior Judge Haldane Robert Mayer joined her.
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