New Strategies for Venue in Hatch-Waxman Litigation

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Venue can have a dramatic impact on Hatch-Waxman Act litigation. Brands and generics are constantly looking for new strategies to secure a favorable venue. Until recently, the ability of brands to choose and hold venue has resulted in almost all Hatch-Waxman cases going to federal courts in Delaware or New Jersey. In those districts, it can be very difficult for generics to have a summary judgment motion heard and the time to disposition may take at least a full 30 months during which time a stay of Food and Drug Administration approval remains in effect.

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