Venue in Hatch-Waxman and BPCIA Patent Infringement Suits

//Venue in Hatch-Waxman and BPCIA Patent Infringement Suits

Venue in Hatch-Waxman and BPCIA Patent Infringement Suits

Venue in Hatch-Waxman and BPCIA Patent Infringement Suits

RESOLVED, that IPO supports an exemption to the patent venue statute, 28 U.S.C. § 1400(b), specific to patent cases brought pursuant to the Drug Price Competition and Patent Term Restoration Act (“Hatch-Waxman Act”) or the Biologics Price Competition and
Innovation Act (“BPCIA”) as follows.

First, any civil action for patent infringement pursuant to 35 U.S.C. §§ 271(e)(2)(A)(for generic
drugs) or 271(e)(2)(C) (for biological drugs), or 42 U.S.C. §§ 262(l)(6)(A) or (B), (l)(8)(B), or
(l)(9) (provisions of the BPCIA), may be brought in any judicial district in which the defendant
is subject to the court’s personal jurisdiction with respect to such action.

Second, any declaratory judgment action for patent non-infringement or invalidity pursuant to
35 U.S.C. § 271(e)(5) (for generic drugs) may be brought in any judicial district in which the
defendant is subject to the court’s personal jurisdiction with respect to such action.