Court concern on baseless Para IV filings: Do your home work before challenging patent

The act of filing ANDA is not willfull infringement (Glaxo v/s Apotex, 2004: decision of court that act of filing ANDA on Cefuroxime Aexitil by Apotex is not a willfull infringement), but court in certain cases can grant attorney fees to winning party on baseless ANDA filing (21 U.S.C. 285) The US courts in the recent times have seen many ANDA filings with baseless para IV grounds, which are not strong cases to invalidate or design around the para IV certified patent. Now a generic company should be careful while filing Para IV, as a baseless ANDA filing can result in punishmnet from court. Orange book blog has concluded the above fact in a recent article : Link to orange book blog