Law360 quoted Ralph Dengler on May 24, 2018, on the impact of the TC Heartland ruling on litigation involving abbreviated new drug applications under the Hatch-Waxman Act.
Delaware and New Jersey have historically been the premier venues for Hatch-Waxman litigation. The two districts have come in first and second, respectively, in the number of cases handled. All other districts combined would be third. New Jersey, meanwhile, has seen a slight dip in the number of Hatch-Waxman cases — down from 32 percent before TC Heartland to 27 percent. The remaining cases are scattered across district courts around the country.
Commenting on the trends by state, Mr. Dengler said, "I think TC Heartland focused the prominence of Delaware and New Jersey for Hatch-Waxman cases."