Patent complaints in New Jersey involving life sciences companies more than doubled in 2014, amid aggressive turf battles between brand-name drug makers and their generic competitors and recent U.S. Supreme Court decisions that imposed tighter jurisdiction requirements.
There were 281 patent complaints filed in New Jersey federal court last year, a 108 percent increase compared with the 135 complaints filed in that jurisdiction in 2013 and an 86 percent increase compared with the 151 complaints in 2012, according to an analysis by Law360. The filings in New Jersey in 2014 represented 5.81 percent of the total patent filings in U.S. federal courts during that time period, which was a substantial jump compared with the 2.26 percent of total patent filings that New Jersey-based complaints represented in 2013.
Bringing suit in New Jersey can reflect the convenience of litigating in your own backyard. But the presence of major life sciences companies is especially important in light of recent U.S. Supreme Court decisions that have toughened the standards governing jurisdiction, according to attorneys.
“If the parent corporation is located in New Jersey and it has a subsidiary somewhere else and they’re trying to go after the parent, they’re not going to sue in the subsidiary state, they’re going to sue in the parent state, and a lot of parents have their headquarters in New Jersey,” Short said.