In an expert analysis published by Law360, Partner Tim Cook and Counsel Kevin Yurkerwich address the rise in filings of infringement complaints against generic drug manufacturers in Delaware and New Jersey. Considering the changes that followed the TC Heartland v. Kraft Foods Group Brands LLC decision, Yurkerwich and Cook also offer guidance to patent holders on managing venue uncertainty now and discuss what may be coming next.
Excerpt: “Before TC Heartland, most patent holders streamlined ANDA cases against multiple generic challengers by consolidating them in one district. But the decision threatened to splinter these cases into multiple jurisdictions, raising the specter of duplicative litigation, inconsistent findings, and delayed case resolution.”
