Outside Publication

How District Courts Split Over 'Infringing Acts,' Law360

December 13, 2017

Following the US Supreme Court’s May 22, 2017, decision in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017), one open question was how to interpret the patent venue’s statutory language regarding “has committed acts of infringement” in the Hatch-Waxman Act (hereinafter, ANDA) context. Currently, only two courts have addressed this issue and have interpreted the statutory language differently.

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