United States:
Federal Circuit Preserves Plaintiff's Choice Of Forum In Hatch-Waxman Cases
22 July 2016
Kramer Levin Naftalis & Frankel LLP
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Intellectual Property special counsel Christine Willgoos and
associate Shannon H. Hedvat's article "Federal Circuit
Preserves Plaintiff's Choice of Forum in Hatch-Waxman
Cases," appeared in the May/June 2016 issue of IP
Litigator. The article examines the impact of the Federal
Circuit's decision in Acorda Therapeutics Inc. v. Mylan
Pharmaceuticals Inc., which held that planned future sales by
a generic defendant of the patented product at issue is a basis for
specific jurisdiction over the defendant. In doing so, the Court
preserved the ability of a Hatch-Waxman plaintiff to choose the
litigation forum.
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