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Going to court: where you file that patent lawsuit matters. Over the past five years, branded pharma has won consistently in some venues, like Delaware--but lost badly in others, like New Jersey.

Publication: Pharmaceutical Executive
Publication Date: 01-OCT-06
Format: Online
Delivery: Immediate Online Access
Full Article Title: Going to court: where you file that patent lawsuit matters. Over the past five years, branded pharma has won consistently in some venues, like Delaware--but lost badly in others, like New Jersey.(Legal)

Article Excerpt
SO THE PATENT ON ONE OF YOUR company's top-selling drugs has been challenged. If this is your first go-round with patent litigation, you're probably hearing horror stories about the cost and unpredictability of litigation. If you are a repeat player, then you may wonder if this next foray into court will turn into a quixotic journey to rival the last one. Either way, you are in for a stomach-churning ride. Much of what happens will be out of your immediate control.

But there is one important thing that you can choose: where to litigate the case. Absent jurisdictional concerns--a real problem in some cases--you can generally file your patent lawsuit wherever you like. Your choice can affect the outcome of your case. You may rue or...

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