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SSJR Prevents Patent Holder from Adding Claims of Commerical Infringement and Willfulness to ANDA Case
23 October 2009
The District Court for the District of New Jersey has ruled in favor of Sandoz, Inc., denying Otsuka Pharmaceutical’s attempt to amend an ANDA Complaint to add new claims for commercial and willful infringement. After subsequent briefing and oral argument, the District Court affirmed a magistrate judge’s ruling that the additional claims should not be permitted.