Appellate and Supreme Court practice leader Doug Hallward-Driemeier (Washington, D.C.) co-authored a May Intellectual Property Magazine article. It explains a decision by the U.S. Court of Appeals for the Federal Circuit on two cases involving Mylan Pharmaceuticals that are likely to reduce the trend of generic drug companies challenging personal jurisdiction in Hatch-Waxman litigation.
They say that the Federal Circuit decision puts to rest the existing uncertainty about where innovator pharmaceutical companies can bring suit. The trend of bringing Hatch-Waxman suits in established jurisdiction will likely continue.
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