May 14, 2021
Hatch-Waxman Actions: Who Do You (Can You) Sue?
After receipt of a so-called Paragraph IV Notice from a generic company, a patentee - the brand company? has 45 days in which to file suit to secure a 30-month stay of FDA approval of the generic's ANDA. Not much time! But who does the brand sue? The applicable statute, 35 U.S.C. 271(e)(2)(A), envisions suit against the ANDA "submitter." Yet this is complicated where multiple organizations are involved in the "submission." Can suit be instituted against those that merely "aid and abet," i.e., induce, the ANDA filing? These considerations are significant because relief under 271(e)(4) (A)-(C) is available only against named defendants. Moreover, discovery burdens and expenses are greatly reduced where generic targets are joined as defendants, especially where discovery is sought from foreign entities. Thus, it behooves the brand to join all potential parties. —Read more on Fish’s Litigation Blog—
March 13, 2023
Fish & Richardson Names Joshua A. Griswold as Managing Principal of Dallas Office
December 5, 2016
Juanita Brooks and Jon Singer profiled in National Law Journal's special report "High Stakes, Significant Victories"
July 17, 2017
Fish & Richardson Elects Deanna Reichel as a Principal
February 17, 2009
Fish Receives Top Rankings in IP Law360 Surveys
July 14, 2014
Fish & Richardson Sends 33 Students to Space Camp
August 10, 2017
Susan Morrison Named 2017 "Woman Worth Watching in STEM" by Profiles in Diversity Journal
February 12, 2009
Corporate and Chancery Year in Review: Top 10 Delaware Corporate Opinions of 2006
January 21, 2015
John Dragseth Quoted in Law360 article "Lawyers Weigh In On High Court Claim Construction Ruling"
March 31, 2016