The Daimler Confusion And Its Impact On ANDA Litigation
- Paul A. Ainsworth and Joshua I. Miller
- IP Law360
In this article, Paul A. Ainsworth and Joshua I. Miller evaluate the U.S. Supreme Court's decision in Daimler AG v. Bauman and its implications for Hatch-Waxman litigants. Mr. Ainsworth and Mr. Miller cite two Delaware decisions which prove that, after the Daimler decisions, the traditional Hatch-Waxman jurisdictional tack is no longer effective. In addition, these two Delaware decisions help provide a road map for Hatch-Waxman litigations as to how to best assert or avoid personal jurisdiction in a foreign forum.
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