Delaware Favored Venue For Patent Pharma Litigation According to New Report

Lex Machina has compiled the Hatch-Waxman/ANDA Litigation Report, which analyzes 1,671 cases, filed from 2009 through September 2014, with over 1,100 patents, and involving over 400 applications to the FDA. Of the 1,671 cases, less than 3% were based on paper NDAs.

Integrating patent and drug information from the FDA’s Orange Book with Lex Machina’s intellectual property litigation database, this report provides insight into current trends in ANDA litigation as well as showing the ways in which ANDA litigation differs significantly from other, non-ANDA patent litigation.

Among the top-level findings included in the Report:

• The vast majority of ANDA cases are filed in Delaware and New Jersey. Although SDNY enjoyed a position below those two and above the rest for most of the last five years, that lead has recently declined.

• ANDA litigation has been trending upwards since 2012, with 2014 on track to be a record year.

• At 5 years the median age of patents being litigated in 2014 is the youngest ever; representing a 50% drop since 2010.

• ANDA cases are less likely to settle than non-ANDA patent cases and more than twice as likely to reach judgment.

• Oxycontin is the trade name with the largest number of cases. Testosterone and Metformin Hydrochloride were the leading ingredients by number of asserted patents.

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