Patent suits involving generic drugs increased 29 percent in 2017 over the previous year, with a hefty 60 percent spike in Delaware, according to a Thursday report by Lex Machina, and attorneys say the Delaware numbers are likely tied to the U.S. Supreme Court’s TC Heartland ruling.
The legal analytics firm’s annual report on litigation involving Abbreviated New Drug Applications under the Hatch-Waxman Act found that 417 ANDA suits were filed in 2017, up from 324 in 2016 but still below the 475 filed in 2015 and 437 filed in 2014. For several years before that, the number of ANDA suits didn’t crack 300
“I think the reason we’ve seen a spike in Delaware is the TC Heartland decision,” said Daniel Silver of McCarter & English LLP.
Since Delaware has long been a preferred forum for ANDA cases and now has the benefit of being sure to pass muster as a venue under the high court’s ruling, “Delaware will continue to get the lion’s share of cases post-TC Heartland,” Silver said.