Solicitor General to SCOTUS: Don’t Take Up Classen

January 2, 2013
The Solicitor General has advised the Supreme Court not to review the Federal Circuit’s decision in a Hatch-Waxman safe harbor case despite the appeals court misinterpreting the scope of the safe harbor. The Federal Circuit made the correct decision in the ruling that the safe harbor clause didn’t protect GlaxoSmithKline when it infringed on Classen Immunotherapies patents for vaccination scheduling methods during postmarket safety studies, the Solicitor General said.
Washington Drug Letter