Since the enactment of the Hatch-Waxman Act in 1984, courts have held that brand companies can sue generics wherever they plan on making sales, which is everywhere in the U.S. In practice, most suits have been filed in Delaware and New Jersey, with suits against multiple generic companies over the same drug consolidated in one proceeding.
In November 2020, the Federal Circuit upended this settled practice when it issued its opinion in Valeant Pharmaceuticals v. Mylan Pharmaceuticals, No. 19-2402 (Fed. Cir. 2020), holding that venue is not established by contemplated future acts of ...
Blog Editors
Recent Updates
- “They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast
- Two Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues - SCOTUS Today
- Public Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is Limited - SCOTUS Today
- Main Justice Launches a 90-Day “Policy Sprint” to Launch a Whistleblower Rewards Program
- What to Do When Your Case Gets Referred to Mediation