Patent infringement litigation based on an Abbreviated New Drug Application ('ANDA') presents certain unique challenges to the discovery process. Unlike ordinary patent litigation, little if any information helpful to the patent owner is publicly available.
ANDA Litigation Discovery
Patent infringement litigation based on an Abbreviated New Drug Application ('ANDA') presents certain unique challenges to the discovery process. Unlike ordinary patent litigation, little if any information helpful to the patent owner is publicly available. Instead, the patent owner must rely on a well thought out discovery plan to obtain certain information from the ANDA applicant. Suggestions for designing such a plan are presented below.
By
Paul A. Ragusa And Sandra LeeThis premium content is locked for LawJournalNewsletters subscribers only
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