Full Fed. Circ. Urged To Undo Hatch-Waxman Venue Limits

Law360 (December 7, 2020, 8:45 PM EST) -- Valeant Pharmaceuticals on Monday urged the full Federal Circuit to review a decision that limited where Hatch-Waxman Act patent suits over generic drugs can be filed, calling it a "detrimental and seismic shift" that "makes no sense."

In a petition for en banc review, the company said that the November panel decision flouts longstanding precedent and will require litigation against generics makers to be heard by multiple courts, instead of one, as has frequently been the case in the past.

"The panel's opinion, if left untouched, would effect a detrimental and seismic shift in Hatch-Waxman pharmaceutical patent litigation that will increase...

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