Analysis

As ANDA Suit Venue Options Shrink, Del., NJ Rule For Now

By Ryan Davis (November 24, 2021, 6:09 PM EST) -- One year after the Federal Circuit limited venue options for patent suits over generic drugs, a new ruling has clamped down further. But so far, most cases are still being filed in Delaware and New Jersey, the traditional hot spots for pharmaceutical litigation.

In November 2020, the appeals court ruled in Valeant v. Mylan that patent suits against generic drugmakers must be filed where the company is incorporated or where it performed actions related to its Abbreviated New Drug Application, departing from prior decisions that such suits could effectively be filed anywhere.

Earlier this month, on the one-year anniversary of that...

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