Hatch-Waxman Litigation Venue Update Post-Google

May 06, 2020

Patent litigants often fight over personal jurisdiction and venue. This battle is particularly high-stakes in Hatch-Waxman litigation, because the fight between brand name and generic drug makers arises prior to Food and Drug Administration approval and launch of the accused product. The brand often can maintain its market exclusivity during the pendency of the case; thus, even if a generic eventually wins on the merits, a slow case can effectively be a win for the brand.

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Ellen Levish

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