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Fed. Circ. Ruling May Reshape Hatch-Waxman Litigation Map, Law360

November 18, 2020

Morgan Lewis partner Michael Abernathy was quoted in a Law360 article about a recent US Court of Appeals for the Federal Circuit ruling regarding the Hatch-Waxman Act. In the piece, he discussed the implications of the decision, which reverses a 2017 US Supreme Court ruling that required branded drug companies to file suits under the Hatch-Waxman Act in certain jurisdictions related to the generics maker. "That is a big, big change," said Mike. "It certainly portends a variety of jurisdictions across the United States will be potentially handling ANDA litigation. In the past, it was really confined to a handful of jurisdictions, including New Jersey and Delaware."

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