Murphy & Landon has represented many pharmaceutical companies relating to patent infringement. Often relating to generic drugs, these lawsuits are typically put before the Federal District Court in Delaware.
Several years ago, a U.S. Supreme Court decision, TC Heartland, LLC v. Kraft Foods Group Brands, LLC, sharply limited where patent owners can choose to file their lawsuits. Previously free to file suit in nearly any federal court of their choosing, patent owners are now limited to file suit in the state where the defendant is incorporated, where the acts of infringement occurred, or where the defendant has a regular place of business. Because of Delaware’s prominent position among corporate entities, a large number of entities choose to incorporate in this state. As a result of the TC Heartland decision, more litigation has been moved to Delaware, changing places with the Eastern District of Texas, which previously hosted more patent lawsuits than any other judicial district in the country.
For questions or concerns regarding any legal matter, contact Murphy & Landon for a free consultation at: 866-939-8100 or 302-472-8100.