The Court of Appeals for the Federal Circuit has recently clarified the law concerning whether patent venue is proper under agency law, specifically in the context of whether the presence of a franchisee in a given fora is...more
On November 15th, the United States Court of Appeals for the Federal Circuit entered orders granting three separate petitions for writ of mandamus in the cases styled In re Apple Inc., In re Atlassian Corp. PLC, Atlassian,...more
On November 5, 2020, the Federal Circuit issued a precedential opinion deciding a patent venue question concerning Hatch-Waxman cases left open after the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Grp. Brands...more
11/10/2020
/ Abbreviated New Drug Application (ANDA) ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Venue
1. Make Sure The Plaintiff Owns The Patent Or Otherwise Has Standing To File The Complaint.
This issue arises with alarming frequency and is easily avoided. A plaintiff patentee must have standing at the time the...more