New Jersey District Court Holds That a Claim for Infringement Under 35 U.S.C. § 271(e)(2) May be Stated Without a Paragraph IV Certification
By BRUCE M. WEXLER, PRESTON K. RATLIFF II, PAUL B. SUDENTAS, & ANDREW T. KESSEL
In a decision last week, the District of New Jersey held that, under 35 U.S.C. § 271(e)(2), a court may exercise jurisdiction in a Hatch-Waxman Act case over claim of patent infringement where the Abbreviated New Drug Application filer did not make a Paragraph IV certification for that patent. The Court declined to follow two prior decisions from the District of New Jersey that found no jurisdiction. This ruling should be helpful to patentees in Hatch-Waxman Act cases opposing arguments that § 271(e)(2) is limited to Orange Book listed patents addressed in a Paragraph IV certification.