Pharmaceuticals
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November 6, 2020
On Thursday, the Federal Circuit issued an opinion resolving the question of where venue is proper for patent infringement claims brought pursuant to the Hatch-Waxman Act. The court largely affirmed the findings of the trial court in favor of the defendant-appellees, sued by other pharmaceutical manufacturers for allegedly infringing on patents related to the toenail fungus infection treatment Jublia.
The case was brought by Valeant Pharmaceuticals North America LLC, Valeant Pharmaceuticals Ireland Ltd., Dow Pharmaceutical Sciences, Inc., and Kaken Pharmaceuticals Co., Ltd. (collectively Valeant), who, according to the instant order, “reside in a range of locations, including Japan, Ireland, and Delaware.” Valeant sued Mylan Pharmaceuticals Inc. (MPI), Mylan Inc., and Mylan Laboratories Ltd. (MLL), (collectively Mylan), a company based in Hyderabad, India, none of which are incorporated or headquartered in New Jersey. The order