Biopharma Patent Disputes: Upheaval Likely As US Supreme Court Limits Litigation Venue

Decision requiring suits to be filed in state where defendant is incorporated may deter consolidation of ANDA suits and increase venue fights; Court to hear challenge to PTAB inter partes review process.

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The US Supreme Court's ruling that patent infringement lawsuits may be brought against a domestic corporation only where the company is incorporated could have a detrimental impact on biopharma patent owners by preventing the consolidation of ANDA suits and pulling them into more venue disputes.

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the court concluded in a May 22 opinion that congressional amendments to the general venue statute did not alter its 1957 decision in Fourco Glass Co. v. Transmirra Products Corp

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