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In Law360, IP Litigators Discuss Federal Circuit Ruling on Patent Venue Statute and Hatch-Waxman Act

Practices: Intellectual Property, Intellectual Property Litigation, Litigation, Appellate & Supreme Court, Patent Strategy, Life Sciences, Administrative Litigation, Patent Trial & Appeal Board (PTAB) Proceedings

Capital Insights.

Patent litigation over generic drugs, which has long been concentrated in Delaware and New Jersey, may spread out to more states across the country as a result of a recent Federal Circuit ruling, potentially making disputes more complicated,

In a Law360 article, IP litigation partner Matt Rizzolo (Washington, D.C.) and life sciences IP litigation partner and chair Filko Prugo (New York) provide insights on the patent venue statute and the Hatch-Waxman Act.

Matt expects the decision to be appealed further, and that there is a possibility that Congress could get involved to pass a new law.

Filko notes that while Abbreviated New Drug Application litigation against different companies over the same drug could be coordinated as multidistrict litigation for proceedings leading up to a trial, that creates judicial inefficiencies because trials are the most expensive part of the process.

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