Is Teva-Amneal Inhaler Case A Double-Edged Sword For The Generics Industry?

Teva Filed For En Banc Hearing Following The Appellate Court Decision

The Teva v. Amneal battle over inhaler patents in the FDA’s Orange Book has become a noteworthy case that will impact both branded and generic drug companies. Yet, the clarity over patent listings might be overshadowed by possible future litigations, discussed law firm Polsinelli’s chair Chad Landmon with Generics Bulletin.

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The legal battle between Teva and Amneal over inhaler patents listed in the US Food and Drug Administration’s Orange Book has drawn a lot of attention. It has involved industry stakeholders, academics, the Federal Trade Commission, and multiple layers of the US court system.

Teva took a blow late last year after the US Court of Appeals for the Federal Circuit affirmed a lower district court decision, clarifying that drug-device product patents...

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