Federal Circuit Finds Venue Premised on Future Infringing Sales Improper in Hatch-Waxman Suits
Last week, in Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., the Federal Circuit held that venue based on “acts of infringement” in Hatch-Waxman cases must be predicated “on past acts of infringement—i.e., acts that occurred before the action alleging infringement was filed.” In ANDA cases, “those acts occur only in districts where actions…