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Pharmaceutical Industry › DaimlerChrysler v Bauman

Miles & Stockbridge P.C.

U.S. Supreme Court Clarifies Constitutional Limits on Specific Jurisdiction Over Foreign Defendants…Again

Miles & Stockbridge P.C. on

Since 2011, the U.S. Supreme Court has continued to roll back the expansion of personal jurisdiction by lower courts and has set more limitations on where a plaintiff can sue corporate defendants. We have watched this unfold...more

Ballard Spahr LLP

Daimler Here to Stay: SCOTUS Overturns California Court’s Exercise of Jurisdiction Over Out-of-State Plaintiffs

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Following on the heels of BNSF Railway Company v. Tyrrell last month, the Supreme Court, by an 8-1 margin in Bristol-Myers Squibb v. Superior Court of California, has reaffirmed the jurisdictional holding of its 2014 Daimler...more

Stinson LLP

U.S. Supreme Court Will Hear Case That Could Limit Out-of-State Product Liability Actions

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In September, we discussed several new trends in jurisdiction, including an opinion—Bristol-Myers Squibb Co. v. Superior Court of San Francisco County—in which the California Supreme Court held that hundreds of non-California...more

Morrison & Foerster LLP

What Part Did You Not Understand? Recent State-Court Decisions Require The U.S. Supreme Court To Address—Yet Again—The...

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In its most recent decisions on personal jurisdiction, the Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to the former,...more

Latham & Watkins LLP

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

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The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit’s Jurisdictional Decision for ANDA Cases Has Important Implications for BPCIA Litigation

Patterson Belknap Webb & Tyler LLP on

Since the Supreme Court’s decision in Daimler AG v. Bauman, 134 S.Ct. 746 (2014)—effectively limiting the reach of general jurisdiction to defendant’s “home” states of incorporation or principal place of business—generic drug...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Hears Argument on Personal Jurisdiction in Two Hatch-Waxman Appeals

Mintz - Intellectual Property Viewpoints on

On Monday, January 4, the Court of Appeals for the Federal Circuit heard oral argument in two appeals that may determine what effect the Supreme Court’s Daimler AG v. Bauman decision will have on the exercise of personal...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Patterson Belknap Webb & Tyler LLP

Update on Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

Patterson Belknap Webb & Tyler LLP on

Under 35 U.S.C. § 271(e), filing an Abbreviated Biologics License Application (aBLA)—like filing an Abbreviated New Drug Application (ANDA)— can be an act of patent infringement resulting in ‘artificial’ injury to a patentee....more

Saul Ewing LLP

New Jersey Rulings Allay Personal Jurisdiction Concerns Raised by Daimler and Goodyear

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Two judges in the U.S. District Court for the District of New Jersey have denied motions to dismiss for personal jurisdiction in Hatch-Waxman litigations based on the defendants’ compliance with New Jersey’s foreign...more

Patterson Belknap Webb & Tyler LLP

Lessons in Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

Patterson Belknap Webb & Tyler LLP on

An emerging issue in Hatch-Waxman litigation – and potentially under the Biologics Price Competition and Innovation Act (BPCIA) – is the impact of the Supreme Court’s decision in Daimler AG v. Bauman, 134 S. Ct.746 (2014), on...more

Mintz - Intellectual Property Viewpoints

Court Denies Generic Drug Manufacturer’s Motion to Dismiss Hatch-Waxman Patent Infringement Action on Jurisdiction Grounds

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On March 12, the United States District Court for the Southern District of Indiana joined the District of Delaware and Eastern District of Texas as the first courts to consider a generic drug manufacturer’s motion to dismiss...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hatch-Waxman Watch: Personal Jurisdiction Edition

McDonnell Boehnen Hulbert & Berghoff LLP on

Is the ability to obtain personal jurisdiction against an ANDA filer for a Hatch-Waxman-type litigation going to become exceedingly more difficult? In the past, jurisdiction against such a defendant was often predicated on...more

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