Court Enjoins Infringing Drug Seller Despite Previously Denying a Preliminary Injunction and Payments by Patent Owner to its Exclusive Licensee to Offset Harm of a Generic Drug Entering the Market
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The U.S. District Court for the District of New Jersey recently held that when considering whether to award permanent injunctive relief, (1) the collateral-source rule prevents an infringing drug seller from asserting that required payments from the patent owner to an exclusive licensee offset harm caused by the infringing drug and (2) an infringing drug seller may not rely on the denial of a preliminary injunction to shift the balance of hardships in its favor. Seminar Date:
February 28, 2012
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