Federal Circuit Preserves Plaintiff's Choice Of Forum In Hatch-Waxman Cases

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Intellectual Property special counsel Christine Willgoos and associate Shannon H. Hedvat's article "Federal Circuit Preserves Plaintiff's Choice of Forum in Hatch-Waxman Cases," appeared in the May/June 2016 issue of IP Litigator.
United States Intellectual Property

Intellectual Property special counsel Christine Willgoos and associate Shannon H. Hedvat's article "Federal Circuit Preserves Plaintiff's Choice of Forum in Hatch-Waxman Cases," appeared in the May/June 2016 issue of IP Litigator. The article examines the impact of the Federal Circuit's decision in Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., which held that planned future sales by a generic defendant of the patented product at issue is a basis for specific jurisdiction over the defendant. In doing so, the Court preserved the ability of a Hatch-Waxman plaintiff to choose the litigation forum.

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