TC Heartland May Cause Protective Suits In ANDA Cases

Law360, New York (March 24, 2017, 12:27 PM EDT) -- Colleen Tracy James

Manuel J. Velez In TC Heartland, the U.S. Supreme Court will decide where patent suits can be filed under the patent venue statute, 28 U.S.C. § 1400(b). Much has been written about the potential impact of this case in barring most suits from the Eastern District of Texas.[1] Little attention, however, has been paid to the effect that this case could have on the decision of where innovator pharmaceutical companies should file patent infringement actions brought pursuant to the Hatch-Waxman Act. In this article, we explore whether TC Heartland could affect the need to file "protective suits" in...

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