Patent Cases – An Open Door for MOT Patent Litigation

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Expanded grounds for infringement could give branded drug companies an edge

A recent Federal Circuit ruling has opened what had been considered a closed door for litigation over pharmaceutical method-of-treatment (MOT) patents brought under the Hatch-Waxman Act. While the ruling’s implications differ for branded pharmaceutical makers and generic producers, one thing seems likely: MOT litigation is poised to take off.

How did we reach this point? As is typical with litigation, it goes back a few years and requires some explaining.

Read the complete article in the Litigation Forecast 2022.