Is Nome, Alaska ready for Paragraph 4 ANDA litigation? How about San Juan, Puerto Rico?PDF
Jennifer A. Mauri's article, "Is Nome, Alaska ready for Paragraph 4 ANDA litigation? How about San Juan, Puerto Rico?" was published in IPWatchdog on September 2, 2016.
From the article...
"What do Nome, Alaska and San Juan, Puerto Rico have in common? For one thing, they are both home to a federal courthouse where, ostensibly, under the recent Acorda Therapeutics holding and subsequent court decisions, a generic pharmaceutical company will be subject to personal jurisdiction if they file an Abbreviated New Drug Application (ANDA) with the Food and Drug Administration (FDA). In Acorda Therapeutics, Inc. v. Mylan Pharmaceuticals, Inc., 817 F.3d 755 (Fed. Cir. 2016), the Federal Circuit held that an ANDA filer opens themselves up to nationwide personal jurisdiction merely by virtue of filing an ANDA application. This is a broad holding that, in effect, subjects a generic company to personal jurisdiction in any forum that has a district court."