Generic’s Counterclaims for Non-Infringement are Proper Despite Covenant Not to Sue From Brand

Posted at 15:02h April 17, 2014 in CNS, Counterclaims, Covenant, Exclusivity, Forfeiture, Jurisdiction, Non-infringement, Trigger by Carlson Caspers
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On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic drug company who is not a first-filer has standing to assert a counterclaim for non-infringement despite the issuance […]