TC Heartland & Hatch-Waxman: The Sky's Not Falling
Law360, New York (June 9, 2017, 1:24 PM EDT) -- The U.S. Supreme Court's recent TC Heartland decision is poised to shake up patent litigation across the country, but the process for suing over abbreviated new drug applications and biosimilars under the Hatch-Waxman Act will likely remain undisrupted and keep cases in the usual venues, experts say.
The May 22 ruling — issued in a dispute between TC Heartland and Kraft Food Brands Group over water-flavoring drops — restricted civil patent infringement suits to wherever defendants are incorporated, or where they have committed infringing acts and also have established places of business. In doing so, the court's eight justices — minus Justice...
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