Federal Circuit Panel Holds Hatch-Waxman Venue Under the Second Prong of § 1400(b) is Based on Actions Related to ANDA Submission
Fish & Richardson Trademark & Copyright Thoughts
NOVEMBER 13, 2020
7] If a branded company initiates an infringement action against a generic company within 45 days of receiving notice of ANDA submission, this triggers a 30-month stay during which FDA cannot issue a final approval for the ANDA. [8] If a branded company gets venue wrong, it risks a motion to dismiss for improper venue.
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