A District Court Split On Hatch-Waxman Venue Determinations

Law360 (August 30, 2019, 12:58 PM EDT) -- On Aug. 13, the U.S. District Court for the District of New Jersey rejected the premise that an abbreviated new drug application filer’s future intended acts should be considered in determining patent venue and, in doing so, furthered an inter- and intra-district split on what constitutes an “act of infringement” in Hatch-Waxman actions.[1]

The recent decision in Valeant Pharmaceutical North America LLC v. Zydus Pharmaceuticals (USA) Inc. is contrary to a line of cases (including an earlier New Jersey district court decision) that followed Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals Inc., in which the U.S. District Court for the District of...

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