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Cantor Colburn Client Alert: Fed. Cir. Tackles Venue Question for Hatch-Waxman Suits
Client Alert: Fed. Cir. Tackles Venue Question for Hatch-Waxman Suits
On November 5, 2020, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) weighed in on a question of first impression about proper venue in Hatch-Waxman suits with respect to where infringement occurs. The CAFC concluded that in cases brought under 35 U.S.C. § 271(e)(2)(A), infringement occurs for venue purposes only in districts where actions related to the submission of an Abbreviated New Drug Application (“ANDA”) occur, not in all locations where future distribution of generic products is contemplated.
For Further Information and Assistance
Cantor Colburn’s Pharmaceutical Litigation Practice, chaired by litigation partner Steven M. Coyle, has substantial experience representing clients in Hatch-Waxman and related pharmaceutical litigation matters. Please do not hesitate to contact Steven, at scoyle@cantorcolburn.com and +1 (860) 286-2929, or your Cantor Colburn attorney with any questions you may have regarding this matter and your IP in general.
Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.
