VPATAPP Alert_Where Can Hatch-Waxman and BPCIA Cases Stick After TC Heartland LLC v. Kraft Foods Group Brands LLC?

http://www.jdsupra.com/legalnews/where-can-hatch-waxman-and-bpcia-cases-60821/

Hatch-Waxman litigators are accustomed to cases with multiple generic drug company defendants.  Brand drug company plaintiffs often sue multiple defendants in the same district court, even when those defendants are not incorporated in the district and have no facilities there.  Until now, as long as the court had personal jurisdiction over a defendant, there was little that defendant could do to get out of that court.  With the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, a defendant may now be able to dismiss a case for improper venue, even from a court that has personal jurisdiction over that defendant. 

Written by: K & L Gate LLP