Intellectual Property counsel Janet Linn’s recent LexisNexisLexis Practice Advisor article is published in Law360 titled, “Hatch-Waxman Pre-Suit Considerations For Generics: Part 1.” In the first of the two-part article, Janet addresses how counsel for a generic drug company should prepare for patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act.

Janet provides a brief recap of the Hatch-Waxman litigation scheme and discusses early steps counsel should take. She explains, “Careful pre-suit preparation increases the likelihood of a favorable result, whether through litigation or settlement, and minimizes the small, but real, risk of a fees award against your client that may result from insufficient attention to pre-suit issues.”

Read part one of the article (subscription required). The full article is available on LexisNexis.