District Court: Launch Date, Not ANDA Filing Used for Hypothetical Negotiation in ANDA Case

December 1, 2025Patent Litigation, Infringement, Patent Infringement, Patent Law

In a Hatch-Waxman case, the District of Delaware denied a motion for summary judgment seeking to apply the ANDA filing date as the date of the hypothetical negotiation used to calculate reasonable royalty damages. Instead, the court determined that the appropriate date to use for the hypothetical negotiation is the launch date.

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