Read the full article (PDF) >
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.
The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.