Wilson Sonsini Helps Mylan Tighten Venue Rules for Pharma Litigation
Thursday's ruling means fewer pharmaceuticals may bring Hatch-Waxman Act lawsuits in the popular venues of Delaware and New Jersey.
November 05, 2020 at 06:21 PM
4 minute read
Photo by ricochet64/Shutterstock.com The U.S. Court of Appeals for the Federal Circuit has just made it more difficult to sue generic drug makers for patent infringement in Delaware and New Jersey.
The D.C.-based appellate court ruled Thursday that, under the U.S. Supreme Court's 2017 TC Heartland venue ruling, branded pharmaceuticals can bring Hatch-Waxman Act suits only where a generic pharma submitted its Abbreviated New Drug Application (ANDA)—typically, either the generic's corporate headquarters or Food and Drug Administration offices in Maryland.
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