Last week, in Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., the Federal Circuit held that venue based on “acts of infringement” in Hatch-Waxman cases must be predicated “on past acts of infringement—i.e., acts that occurred before the action alleging infringement was filed.”  In ANDA cases, “those acts occur only in districts where actions […]

Chief Judge Leonard Stark of the District of Delaware recently shed some light on the venue analysis in Hatch-Waxman litigation.  Bristol-Myers Squibb Company et al v. Mylan Pharmaceuticals Inc., No. 1-17-cv-00379 (D. Del. November 28, 2017).  Mylan moved to dismiss pursuant to Rule 12(b)(3), arguing that its corporate subsidiary and affiliate’s places of business cannot […]

Just over two months have elapsed since the Supreme Court rejected the Federal Circuit’s patent venue jurisprudence. TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017). The Supreme Court held that venue for patent cases is proper in (1) the defendant’s state of incorporation or (2) “where the defendant has […]