What To Expect In Patent Litigation This Year

By Mark Izraelewicz, John Labbé and Thomas Burns (January 3, 2020, 12:49 PM EST) -- We can't predict the future. But here we outline five possible trends to watch in patent infringement litigation as the calendar turns to 2020.

Hatch-Waxman Litigation: More Cooks in the Kitchen

This year marks the 35th anniversary of the Hatch-Waxman Act. Over the course of the last decade, one trend has impacted Hatch-Waxman practice in a profound way: the increasing number of generic defendants in multidefendant litigations.

The Hatch-Waxman Act provides an important carrot for generic pharmaceutical companies to challenge pharmaceutical patents. A generic that files an abbreviated new drug application with a paragraph IV certification can achieve first applicant status,...

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