Workshops A | Jurisdiction and Venue Selection Master Class

Apr 25, 2018 8:30am – 12:00pm

Wyley S. Proctor
McCarter & English, LLP (Boston, MA

Anne S. Toker
Quinn Emanuel Urquhart & Sullivan, LLP (New York, NY)

(Registration begins at 8:00 AM – continental breakfast will be served)* Historically, the lions-share of Paragraph IV litigation has been filed in three main districts: the District of Delaware, the District of New Jersey, and the Eastern District of Texas. However, the Supreme Court’s groundbreaking decision in TC Heartland, LLC v. Kraft Foods Group Brands LLC is remodeling “venue” in patent litigation and may alter the status of the three traditional Hatch-Waxman stronghold venues. Pharmaceutical patent infringement cases are being filed in nontraditional jurisdictions. There is a testing of the waters so to speak as hundreds of venue transfer motions have been filed in the time since TC Heartland was decided. However, is the devil that you know better than the one you don’t? This workshop will help you make that determination and devise proper venue and jurisdiction strategies in wake of TC Heartland and lower courts’ struggles to interpret the decision. Points of discussion will include:
  • Reviewing the latest Federal Circuit and District Court decisions regarding venue determination in pharmaceutical patent infringement cases
  • Determining where a corporate defendant be sued
    • Options for foreign defendants
  • Deciding where you should file your case
  • Developing new strategies to move to transfer for improper venue in the wake of TC Heartland
  • Weighing the chances for success or defeat of a venue transfer motion
    • Understanding whether this may or may not be the right move
*Luncheon will be served at 12:00 for registrants attending both workshops