Stanley Fisher, left, and Michael Xun Liu, right, of Williams & Connolly. Courtesy photos MDL Panels Will Play a Larger Role in Hatch-Waxman Litigation After 'Valeant'
'Valeant' resolves an important and unsettled question about venue in Hatch-Waxman cases. At the same time, it also raises questions about what constitutes "actions related to the ANDA submission," according to Williams & Connolly's Stan Fisher and Michael Liu.
February 08, 2021 at 09:09 PM
7 minute read
In Valeant Pharmaceuticals North America v. Mylan Pharmaceuticals, the Federal Circuit clarified venue for Hatch-Waxman cases and addressed a split among district courts on where Abbreviated New Drug Application (ANDA) filers could be sued after TC Heartland. The Supreme Court in TC Heartland held that venue in patent infringement is only available where (1) the defendant is incorporated or (2) where it has a regular and established place of business and committed acts of infringement.
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