Overview
Bloomberg BNA’s Pharmaceutical Law & Industry Report quoted Steptoe New York partner John Molenda in an article titled “High Court Venue Ruling May Have Limited Impact on Drug Patent Cases.” The article, published April 27, discusses why drug patent litigators say the outcome of the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may not wind up dramatically affecting where drug patent cases under the Hatch-Waxman Act are filed. Dr. Molenda commented on the case at the American Conference Institute’s 11th Annual Paragraph IV Disputes conference on April 24 in New York.
Dr. Molenda told the group: “The biggest driver in this is risk. If a generic could craft a strategy to transfer venue, does it necessarily want to? The folks in Delaware and New Jersey know a lot about patent law. It may be better to be with the devil you know than the devil you don’t know.”
The full article can be read at Bloomberg BNA.
