Toward a Centralized Hatch-Waxman Venue

Pharmaceutical litigation often begins when a generic drug company files an application to have its generic drug approved by the FDA. That application is re-ceived by the FDA in the District of Maryland. To "submit " it is a statutory act of patent infringement under the Hatch-Waxman Act. Establishing venue in subse-quent Hatch-Waxman litigation can be complex because Hatch -Waxman litigation often involves simultaneous and independent lawsuits against many generic applicants. A Hatch-Waxman plaintiff might reasonably attempt to consolidate litigation in a single district court; Hatch-Waxman defendants might reasonably resist consolidation in the plaintiff's preferred venue. Recent Supreme Court and Federal Circuit case law has narrowed venue options for Hatch-Waxman plaintiffs. This Comment argues for an interpretation of Hatch-Waxman's statutory act of patent infringement and the patent venue rules that moves toward a central-ized venue for Hatch-Waxman litigation in the District of Maryland.