VENUE WAR ROOM: Knowing, How, When, and Where to Plan Your Attack Based on Current Trends in MDL with Joint Defense Groups

September 21, 2022 2:00pm

Caryn Borg-Breen
Ballard Spahr

Dan Hoang
Senior Counsel – Patent Litigation

With the latest rulings on venue, deciding where to file your case is mission critical.

In this session, our panelists will consider the proper venue for Hatch-Waxman cases and address the unanswered question of what constitutes “actions related to the ANDA submission”. Topics of discussion will include:

  • Reviewing Celgene Corp. v. Mylan Pharmaceuticals, Inc. 17 F.4th 1111 (Fed. Cir. 2021)
    • As in Valeant, the question of whether the location where ANDA submissions are sent (i.e., Maryland) might be a proper venue/where an “act of infringement” occurs, was not addressed by CAFC.
  • Determining whether “relevant acts involved in the preparation and submission of an ANDA” limited to submission of the ANDA after Celgene?
  • Analyzing if Valeant and Celgene have impacted where Hatch-Waxman suits are being filed
  • Outlining the pros and cons of joint defense groups
  • Recognizing when to contest venue