For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district court in eastern Texas, for example, has – for several reasons – been one of the favorite venues for patent owners. Another
Delaware
Federal Circuit Upholds Home Field Advantage in Generic Drug Cases
By David S. Gold & David M. Kohane on
Posted in Patents
Under United States law, the holder of a patent on a brand-name, FDA-approved drug can bring suit for patent infringement against a generic drug manufacturer even before the generic manufacturer brings the drug to market. That right to sue is triggered by the generic manufacturer’s filing of the short-cut application to the FDA to sell…