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Intendis GMBH v. Glenmark Pharma., Inc.

This case arises under the Hatch–Waxman Act,1 and involves Glenmark Pharmaceuticals Ltd. and Glenmark Pharmaceuticals Inc., USA’s (collectively, “Glenmark”) 2 proposed generic version of Finacea® Gel, a topical medication for various skin disorders. Glenmark appeals the United States District Court for the District of Delaware’s final judgment entered in favor of Intendis GmbH, Intraserv GmbH & Co. KG, and Bayer HealthCare Pharmaceuticals Inc. (collectively, “Appellees”). For the reasons set forth below, we affirm.

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