Hatch-Waxman Venue Issue Still Live After Fed. Circ. Ruling

By Filko Prugo, Matt Rizzolo and David Serati (January 6, 2021, 2:50 PM EST) -- In the more than three years since the U.S. Supreme Court's landmark patent venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC,[1] the U.S. Court of Appeals for the Federal Circuit has continued to grapple with the fallout.

Most recently, in November, in Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc.,[2] the Federal Circuit restricted where innovator drugmakers may file suits against generic manufacturers under the Hatch-Waxman Act — holding that, for purposes of venue, the relevant acts of infringement under Title 35 of the U.S. Code, Section 271(e)(2), occur only where actions related to the submission...

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