Pharmaceutical Patent Litigation Filings Have Risen Significantly Since 2014
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OxyContin remains the most litigated trade name, while Sandoz has participated in the most ANDA cases
Pharma-centric Delaware and New Jersey overwhelmingly receive the highest number of ANDA filings
Lex Machina, a LexisNexis company and creator of Legal Analytics®, today announced the release of its second Hatch-Waxman/ANDA Report, which surveys the landscape of patent litigation related to Abbreviated New Drug Applications (ANDAs) submitted to the FDA under the Hatch-Waxman Act. The report focuses on trends and insights from 2,249 ANDA cases filed in U.S. district courts between January 1, 2009 and December 31, 2015.
Among the report’s key findings is that ANDA patent litigation has risen sharply since Lex Machina’s initial ANDA report in 2014. Between 2009 and 2013, the average number of ANDA cases filed each year was 269, but over the last two years the average number of filings rose to 451 — a 68% increase.
The two U.S. districts that have received an overwhelming majority of ANDA filings are Delaware, with 911 cases filed since 2009 (up nearly 35% since 2014), and New Jersey, with 725 cases (up nearly 51% since 2014). The combined total of ANDA cases that have been filed outside of Delaware and New Jersey since 2009 is only 613.
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