ANDA Statements Fatal to DOE Defense

A recent order from the Federal Circuit serves as a good reminder that a party’s statements in its ANDA may be used against the party in litigation.  Intendis GmbH v. Glenmark Pharms. Inc., 822 F.3d 1355 (Fed. Cir. 2016).  The Court relied on statements in the ANDA about the function of the claimed excipients to…