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Brian Coggio's featured Law360 article, "Is Stockpiling Protected by Hatch-Waxman Safe Harbor?"
A question that may be on the forefront of many IP attorneys' minds is whether the stockpiling of drugs, to allow commercial introduction immediately following patent expiration, is protected by the Hatch-Waxman safe harbor. Fish attorney Brian Coggio recently addressed this very question in an article titled, "Is Stockpiling Protected by Hatch-Waxman Safe Harbor?" featured on Law360.
The article explores the origins of the safe harbor, the case law on stockpiling, and the particular cases in which stockpiling products were permissible in order to reconcile this unanswered question. Furthermore, the authors examine the implications future cases may have on Hatch-Waxman safe harbor and what it means for the practice area.
Coggio is a senior principal and consults various pharmaceutical companies on aspects of the Hatch-Waxman Act.
Click here to read the article.
Authors: Brian Coggio, Ron Vogel
The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.