By Wanda French-Brown, BakerHostetler (April 19, 2017, 12:21 PM EDT) -- Imagine a scenario where a branded pharmaceutical company holds U.S. patents claiming a process for making an active pharmaceutical ingredient, intermediates of the API, or the finished branded drug product. The process patents were not listed in the U.S. Food and Drug Administration's Orange Book. The branded pharmaceutical company did not prevail in the abbreviated new drug application litigation over the patents that were listed in the Orange Book. The generic challenger together with foreign manufacturers have plans for the sale of imported batches of the API, intermediates of the API, or finished generic drug products made by your company's patented process. This article examines whether a branded pharmaceutical company can (or should) use the U.S. International Trade Commission as a forum to block the importation of API, any intermediates of the API, or finished generic drug products in the context of Hatch-Waxman litigation....