Patent Reform's Effects On Hatch-Waxman Litigants

Law360, New York (October 19, 2010, 1:08 PM EDT) -- Both houses of Congress have proposed sweeping changes to the U.S. patent system (see S. 515 and H.R. 1260). The proposed legislation promises substantial changes to U.S. patent practice generally, with the goal of reducing patent litigation costs and risks, improving patent quality and simplifying the procurement process. This article examines the potential impact on pharmaceutical patent litigants and, in particular, litigants involved in disputes arising under the Hatch-Waxman Act.[1]

While the proposed reforms are likely to impact companies that typically are involved in Hatch-Waxman litigation,...
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