Kilpatrick Townsend

Insights: Publications

Hatch-Waxman cases in the Wild West

IPPro Life Sciences

March 20, 2014

Is Hatch-Waxman litigation moving to the Wild West? For the last 10 years, non-practicing entities (NPEs), or so-called patent trolls, have preferred the Eastern District of Texas for patent cases. But during that time, the district has seen little in the way of Hatch-Waxman litigation. That is changing, and changing fast. Branded pharmaceutical companies are filing more and more Hatch-Waxman cases there, and with success. If history is a guide, the eastern district may become a preferred venue for Hatch-Waxman cases in the near future with serious consequences for all parties involved.