Analysis

Fed. Circ. Ruling May Reshape Hatch-Waxman Litigation Map

Law360 (November 17, 2020, 8:40 PM EST) -- Patent litigation over generic drugs, which has long been concentrated in Delaware and New Jersey, may spread out to more states across the country as a result of a recent Federal Circuit ruling, potentially making disputes more complicated, attorneys say.

In a decision earlier this month, the appeals court held that under the U.S. Supreme Court's 2017 TC Heartland ruling on venue for patent cases, branded drug companies must file suits under the Hatch-Waxman Act either where a generics maker is incorporated or where it performed actions related to its application to market a generic drug.

The holding, which rejected an...

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