Factors Courts Commonly Consider When Deciding Motions To Transfer In ANDA Litigation

Where the Operative Facts Occurred

In assessing this primary factor, courts have looked to the location of defendant's principal place of business, where the ANDA application was prepared, and where the ANDA product was tested and developed.

Courts have also considered where relevant sales occurred as a potential operative fact. Recognizing that ANDA litigations occur before a generic may sell its product, however, some courts have looked to where sales of the branded product occurred. Others found the location of sales to be irrelevant to the transfer analysis, whether because no sales of the generic product will have occurred as of the relevant time period, or because pharmaceutical sales are generally nation-wide.