An Update On Hatch-Waxman Personal Jurisdiction Cases

Law360, New York (April 24, 2015, 10:33 AM EDT) -- Once a seemingly settled question, personal jurisdiction has become a significant issue in Hatch-Waxman cases. New drug application sponsors typically do business throughout the country. Consequently, district courts usually exercised personal jurisdiction over Hatch-Waxman litigants under the theory of general jurisdiction. Notwithstanding a few holding companies or foreign-based sponsors, for most Hatch-Waxman litigants, this was the end of the story.

In the past few years, however, the U.S. Supreme Court has reined in the application of general jurisdiction that had begun to wander from its traditional foundation. See Goodyear Dunlop Tires Operations SA v. Brown, 564 U.S. ‐ ‐ ‐, 131...

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