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
Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. Last Thursday, a Federal Circuit panel issued a decision applying a narrow reading of the patent venue statute, 28 U.S.C. § 1400(b), in a Hatch-Waxman case. In Valeant , [1] the Court held that “acts of infringement” in Hatch-Waxman cases under § 1400(b) occur “where actions related to the ANDA submission occur,” not where “a generic product specified in an ANDA is likely to be distributed.” [2] Although it acknowledged “
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