Friday, December 19, 2014

Personal Jurisdiction Premised on Sending Paragraph IV Letter Certified for Appeal

The court granted in part defendant's motion to certify for interlocutory appeal an earlier order denying defendant's motion to dismiss plaintiff's ANDA action for lack of personal jurisdiction, but found defendant's proposed question too narrow. "The court is not familiar with any other judicial decision analyzing person jurisdiction in 'Hatch-Waxman litigation,' in the wake of the Supreme Court's ruling in Daimler AG v. Bauman, 134 S. Ct. 746 (2014). The court agrees with [defendant] that this is a controlling (and novel) question of law for which there is substantial ground for difference of opinion. . . . [G]iven the volume of Hatch-Waxman cases pending in this district, the court is of the view that interlocutory appellate review will provide necessary guidance as to whether these cases are properly before the court. . . . The court considers [defendant's certification] question to be an oversimplification of its holding [and] will therefore certify [its] request for interlocutory appeal . . . without further limitation."

AstraZeneca AB v. Aurobinda Pharma, Ltd. et al, 1-14-cv-00664 (DED December 17, 2014, Order) (Sleet, J.)

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