A Tale of Two ANDAs: Jurisdiction and Venue in a
Non-Traditional Sense
Judge Gilstrap's recent opinion in Apicore US LLC v.
Beloteca, Inc., No. 2:19-CV-00077-JRG, 2019 WL 1746079 (E.D.
Tex. Apr. 18, 2019), highlights interesting personal jurisdiction
and venue issues in a non-traditional pharmaceutical suit involving
patents asserted by an ANDA filer against another ANDA filer. With
respect to personal jurisdiction, the court found sufficient
minimum contacts based on the Federal Circuit's Acorda
decision even though the defendant had not submitted a Paragraph IV
certification. Nevertheless, Judge Gilstrap transferred the case to
the Northern District of Illinois on the basis of improper venue
under 28 U.S.C. § 1400(b).
