PhRMA Urges Full Fed. Circ. To Walk Back New Venue Limits

By Dani Kass (December 22, 2020, 10:47 PM EST) -- The Pharmaceutical Research and Manufacturers of America is urging the full Federal Circuit to override a panel decision limiting where Hatch-Waxman Act patent suits can be filed, saying the ruling will have a disastrous impact on branded-dug makers.

The only way to efficiently challenge the launch of multiple generic drugs under Hatch-Waxman is to let branded-drug makers consolidate cases, PhRMA said in a Monday amicus brief. The Federal Circuit's November decision that would bar them from doing so needs to overturned, the organization said.

"If even some of these cases were scattered across the country, the costs to the patent holder...

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