TC Heartland's Restraints On ANDA Litigation Jurisdiction

Law360, New York ( March 29, 2016, 3:00 PM EDT) -- The mandamus petition of In Re TC Heartland, which seeks to restrict the Federal Circuit's interpretation of the venue statutes, may dramatically affect abbreviated new drug application patent infringement litigation.[1] In Acorda Therapeutics Inc. v. Mylan Pharmaceutical Inc.[2] and AstraZeneca AB v. Mylan Pharmaceutical Inc.[3] the Federal Circuit recently held that an ANDA filer is subject to specific jurisdiction wherever that ANDA filer plans to sell its generic drug product. But, if TC Heartland prevails then venue, under 28 U.S.C. § 1400(b), could limit where a branded-drug company can sue an ANDA filer for patent infringement under 35 U.S.C. § 271(e)(2)(A)....

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