Court Divide Could Spur More Hatch-Waxman Venue Fights

By Matthew Bultman (January 5, 2018, 3:07 PM EST) -- A question that affects where drugmakers can sue their generic competitors has split district courts following the U.S. Supreme Court's landmark TC Heartland decision in May, likely giving rise to more fights over venue in cases involving abbreviated new drug applications under the Hatch-Waxman Act.

The TC Heartland v. Kraft Food Brands Group decision limited the filing of patent lawsuits to either where a defendant is incorporated or has committed an act of infringement and has a regular and established place of business. The split among district courts revolves around what is considered an "act of infringement" to support venue in...

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