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, 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., 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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