Orange Book Delisting Provisions Should be Strengthened III
{"Image DocumentName": "Orange Book Delisting Provisions Should be Strengthened III", "Image ImageDescription": "The counterclaim provision of was added in the MMA, in order to prevent manipulative practices by patent holders with respect to the Orange Book listings, that were designed to delay the onset of competition from generic drug manufacturers. Strict construction of the MMA counterclaim provision lead to the decision in Novo Nordisk, a result that defeats the purpose of the MMA amendments. Purposive construction, like that used in Teva, has lead to other results or conclusions that may not be entirely satisfactory. The Act should be amended to clearly provide for US District Court jurisdiction over declaratory judgment actions brought by ANDA applicants to review the propriety of any listing related to any patent in the Orange Book. 30.", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}