The Daimler Confusion And Its Impact On ANDA Litigation

In this article, Paul A. Ainsworth and Joshua I. Miller evaluate the U.S. Supreme Court’s decision in Daimler AG v. Bauman and its implications for Hatch-Waxman litigants. Mr. Ainsworth and Mr. Miller cite two Delaware decisions which prove that, after the Daimler decisions, the traditional Hatch-Waxman jurisdictional tack is no longer effective. In addition, these two Delaware decisions help provide a road map for Hatch-Waxman litigations as to how to best assert or avoid personal jurisdiction in a foreign forum.

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