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As ANDA Suit Venue Options Shrink, Del., NJ Rule for Now, Law360

November 24, 2021

While Abbreviated New Drug Application (ANDA) suits could be filed in almost any court, branded drug companies filed many patent cases close to their home base in New Jersey or—where many of them are incorporated—in Delaware. But as partner Mike Abernathy told Law360, with the Federal Circuit’s new restrictions “it's going to be much more difficult in many cases” for such companies to use those states. “It won’t be across the board, but you could usually count on an ANDA case being filed in one of those two jurisdictions. I don’t think you can necessarily count on that anymore,” Mike said. Regardless of which side of the equation you’re on, you’d want an experienced, smart judge for those types of very technical, precise issues,” he added. “We’ll see what the future holds for both sides if we go into other jurisdictions, which it seems clear we’re going to.”

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