Drafting Claims to Survive Hatch-Waxman Litigation


Enacted by Congress in 1984, the Hatch-Waxman Act balances the need for lower-cost prescription drugs and the protection of pharmaceutical innovations. While Hatch-Waxman litigation does not officially begin until the patent owner sues, success in Hatch-Waxman litigation begins well before that point. It is therefore important for pharmaceutical companies to consider the possibility of future Hatch-Waxman litigation when drafting their patent claims.

On August 9, join Principals Gwilym Attwell, Nitika Fiorella, and Michael Kane for an overview of Hatch-Waxman litigation, as well as claim-drafting tips to:

  • Simplify infringement proof
  • Minimize susceptibility to prior art validity attacks
  • Avoid adverse § 112 findings

Download a copy of the webinar slides.

If you have any questions, please contact eventsteam@fr.com.