High Court Changed Hatch-Waxman Cases — Nobody Noticed

Law360, New York (March 26, 2014, 10:55 PM EDT) -- The U.S. Supreme Court’s latest personal jurisdiction cases, Goodyear v. Brown[1] and Daimler v. Bauman[2], may change where plaintiffs can file Hatch-Waxman litigations forever and knock Delaware and New Jersey off their perch as the home of Hatch-Waxman litigation.

Because filing an abbreviated new drug application creates a technical act of infringement, plaintiffs bringing cases have limited ability to assert specific personal jurisdiction; instead, they rely on general personal jurisdiction. But in Goodyear and Daimler, the Supreme Court rejected the commonly held expansive view of general...
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