TC Heartland's Restraints On ANDA Litigation Jurisdiction

Law360, New York (March 29, 2016, 3:00 PM EDT) -- The mandamus petition of In Re TC Heartland, which seeks to restrict the Federal Circuit's interpretation of the venue statutes, may dramatically affect abbreviated new drug application patent infringement litigation.[1] In Acorda Therapeutics Inc. v. Mylan Pharmaceutical Inc.[2] and AstraZeneca AB v. Mylan Pharmaceutical Inc.[3] the Federal Circuit recently held that an ANDA filer is subject to specific jurisdiction wherever that ANDA filer plans to sell its generic drug product. But, if TC Heartland prevails then venue, under 28 U.S.C. § 1400(b), could limit where a branded-drug company can sue an ANDA filer for patent infringement under 35 U.S.C. § 271(e)(2)(A)....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!