Drug Patent Owners Face New Venue Hurdle in Anti-Generic Cases

A Federal Circuit decision limiting venue for patent infringement suits over generic drugs may complicate such litigation, especially during the Covid-19 pandemic.

Suits by branded drugmakers alleging proposed generics will infringe their patents can only be brought in districts where actions related to the submission of an Abbreviated New Drug Application occur, the U.S. Court of Appeals for the Federal Circuit said in a precedential opinion Thursday.

“The Federal Circuit’s ruling provides some much needed clarity on where venue lies in Hatch-Waxman litigation, and resolves a split between several district courts,” Mark H. Remus, shareholder at Brinks Gilson & Lione ...