By Kevin E. Noonan — The question of the proper court for a branded pharmaceutical maker to bring suit against an Abbreviated New Drug Application filer under the Hatch-Waxman Act is surprisingly unsettled seeing as the Act was enacted in 1984. The Federal Circuit brought some measure of clarity to the question recently when it affirmed a District Court dismissal of an ANDA action on improper venue grounds, in Celgene Corp. v. Mylan Pharmaceuticals Inc. The case arose over Celgene’s multiple-myeloma drug pomalidomide (Pomalyst). Celgene filed suit in the District of New Jersey, where none of the named defendants (Mylan…
