Publications & Presentations
October 2, 2017
Supreme Court Update: The Policy and Practicalities of Jurisdiction - Debating the Impact of TC Heartland on Paragraph IV Litigation

October 2, 2017 | 11:00 AM | Chicago, IL

Polsinelli is proud to announce that Shareholder Gary E. Hood will present at the American Conference Institute's Paragraph IV Disputes Master Symposium in Chicago, Illinois. The yearly event focuses on the latest developments affecting Abbreviated New Drug Application litigation.

On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Food Group Brands LLC and ruled that a corporate defendant in a patent lawsuit may only be sued in the jurisdiction in which it is incorporated. This ruling may dramatically change where future Paragraph IV lawsuits are filed. This panel will discuss the Court’s decision and address such matters as:
  • Understanding how the TC Heartland decision will impact ANDA litigation
  • Re-examining the Federal Circuit’s findings in Acorda-Therapeutics Inc. v. Mylan Pharms. Inc. and AstraZeneca AB v. Mylan Pharms. Inc. in view of TC Heartland
  • Revisiting the jurisdictional provisions in the MMA relative to declaratory judgement motions
  • Assessing whether ANDA litigation may be shielded from TC Heartland decision relative to Mylan and aforementioned MMA provisions
    • Will the District Courts follow TC Heartland in an ANDA setting?
  • Debating the policy of jurisdiction and cross-industry consequences in view of the Supreme Court’s decision
    • Did the Court use TC Heartland as a political statement about the “overuse” of the Eastern District of Texas and patent trolls?
  • Exploring possibility of a jurisdictional amendment to Hatch-Waxman in view of TC Heartland outcome