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« Reaction to Senate Patent Reform Bill (S. 23) | Main | Conference & CLE Calendar »

February 10, 2011


A pity that Watson apparently paid off the false marking trolls. No one was prejudiced by the mis-marking - any pharmaceutical company that's going to make a copy of an existing drug is going to look elsewhere (like the FDA' Orange Book and independent database searches), not at the drug package, to determine if there are patents with which they need to concern themselves. Yet another example of why repeal of the false marking statute is necessary.

Why not just follow the law Dan?

Choosing to mark carries both benefits and burdens. This is not an unknown area, notwithstanding the actual enforcement.

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