News & Analysis as of

TC Heartland LLC v Kraft Foods Abbreviated New Drug Application (ANDA)

WilmerHale

Managing ANDA Venue Issues As Del. And NJ Filings Rise

WilmerHale on

In 2023, pharmaceutical patent owners filed nearly 250 infringement complaints against generic drug manufacturers. More than 90% of those cases were filed in the Districts of Delaware or New Jersey. This year's filings...more

Dechert LLP

Finding MDL Ground in Venue for Hatch-Waxman Cases

Dechert LLP on

When there are multiple ANDA filers for the same drug, it may not be possible for a branded pharmaceutical company to bring Hatch-Waxman Act patent infringement suits against all of them in the same court consistent with the...more

Foley & Lardner LLP

Federal Circuit Limits Venue In ANDA Litigation

Foley & Lardner LLP on

In Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. the Federal Circuit decided that, for the purpose of establishing venue in ANDA litigation, the place “where an act of infringement has occurred”...more

Mintz - Intellectual Property Viewpoints

District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland and In re Cray

On June 17, 2019, the United States District Court for the District of Delaware, in Novartis Pharmaceuticals Corp. v. Accord Healthcare Inc., et al., No. 18-cv-01043, held that venue was not proper in Delaware over Mylan...more

Robins Kaplan LLP

Bristol-Myers Squibb Co. v. Aurobindo Pharma USA Inc.

Robins Kaplan LLP on

Case Name: Bristol-Myers Squibb Co. v. Aurobindo Pharma USA Inc., C.A. No. 17-374-LPS (Consolidated), 2018 U.S. Dist. LEXIS 179154 (D. Del. Oct. 18, 2018) (Stark, J.)....more

Dechert LLP

Delaware Found to be Improper Venue for ANDA Suit

Dechert LLP on

The District of Delaware dismissed a Hatch-Waxman Act ANDA lawsuit that Bristol-Myers Squibb had filed against Mylan Pharmaceuticals, finding that under the new venue rules established by the Supreme Court’s TC Heartland...more

Mintz - Intellectual Property Viewpoints

District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland

On October 18, 2018, the United States District Court for the District of Delaware, in Bristol-Myers Squibb v. Mylan Pharmaceuticals Inc., No. 17-00379, held that venue was not proper in Delaware over Mylan Pharmaceuticals...more

McDermott Will & Emery

Delaware Court Applies Acorda “Acts of Infringement” Definition to Post-TC Heartland Venue Analysis

McDermott Will & Emery on

Addressing a motion to dismiss for improper venue following TC Heartland, a Delaware district court held that an abbreviated new drug application (ANDA) filer that intends to market an allegedly infringing drug in a certain...more

Morgan Lewis

District Courts Split over Proper Patent Venue for Hatch-Waxman Act Litigation

Morgan Lewis on

There have been two interpretations of the “acts of infringement” language in the patent venue statute regarding ANDA submissions in Hatch-Waxman litigation....more

Fish & Richardson

Venue Over An ANDA Defendant: D. Del. Weighs In

Fish & Richardson on

In light of the Supreme Court’s TC Heartland decision, courts around the country have been grappling with venue-related challenges in patent cases. Under the patent venue statute, 28 U.S.C. § 1400(b), venue is proper “where...more

Knobbe Martens

Recent Court Decisions on Venue Challenges Following TC Heartland

Knobbe Martens on

The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases, transferring one case and ordering further...more

McDonnell Boehnen Hulbert & Berghoff LLP

Views on Venue -- District of Delaware Provides Some Guidance on Venue in ANDA Cases Post-TC Heartland

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged...more

K&L Gates LLP

Where Can Hatch-Waxman and BPCIA Cases Stick After TC Heartland LLC v. Kraft Foods Group Brands LLC?

K&L Gates LLP on

Hatch-Waxman litigators are accustomed to cases with multiple generic drug company defendants. Brand drug company plaintiffs often sue multiple defendants in the same district court, even when those defendants are not...more

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