Eastern District of Texas Amends Disclosure Requirements in Hatch-Waxman Patent Litigation | Practical Law

Eastern District of Texas Amends Disclosure Requirements in Hatch-Waxman Patent Litigation | Practical Law

The US District Court for the Eastern District of Texas adopted a General Order Amending Local Rules that includes new disclosure requirements for patent cases brought under the Hatch Waxman Act.

Eastern District of Texas Amends Disclosure Requirements in Hatch-Waxman Patent Litigation

by Practical Law Intellectual Property & Technology
Published on 20 Mar 2014 • USA (National/Federal)
The US District Court for the Eastern District of Texas adopted a General Order Amending Local Rules that includes new disclosure requirements for patent cases brought under the Hatch Waxman Act.
On March 19, 2014, the US District Court for the Eastern District of Texas adopted a General Order Amending Local Rules that amends the disclosure requirements for patent cases under the Hatch-Waxman Act (P.L. 98-417). The rules will take effect after a notice and comment period ending on April 1, 2014.
The new disclosure rules require that parties with an ANDA application pending with the FDA that is the basis of the pending case to:
  • Notify the FDA of any and all motions for injunctive relief within three business days after the date each motion is filed.
  • Provide a copy of all correspondence between itself and the FDA relating to the ANDA application to each party asserting infringement, or explain any claim of privilege for this correspondence, within seven business days after the date it sends or receives the correspondence.
For more information on submitting public comments, see the Eastern District of Texas's website.