Legal: Going to Court - Pharmaceutical Executive

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Legal: Going to Court
Where you file that patent lawsuit matters. Over the past five years, branded pharma has won consistently in some venues, like Delaware—but lost badly in others, like New Jersey.


Pharmaceutical Executive


One final point. If possible, don't file your case in a forum that has not seen significant drug litigation. If you think you're going to get a home-court advantage by litigating in your backyard, even if your backyard normally has lots of patent litigation, forget it. As the table demonstrates, filing in a court that does not see much drug litigation is a recipe for defeat.

Of course, there is no magic formula for choosing where to litigate. The intuition of a great lawyer can trump almost any data set. But as Mark Twain once said, "Get your facts first. Then you can distort them as you please."

Sidebar Headline Is associate vice president of leadership and management development at Sanofi Aventis. As president of the Society of Phamaceutical and Biotech Trainers (SPBT), he also serves on the editorial advisory board of Pharmaceutical Representative magazine lication). Prior to joininers (SPBT), he also Advanstar publication). Prior to joininers (SPBT), he also serves on the editorial advisory serves on the editorial advisory board of Pharmaceutical Representative magazine (an Advanstar publication). Prior to joininers (SPB, he also serves on the editorial advisory serves on the editorial advisory board of Pharmaceutical Representative magazine (an Advanstar publicarial advisory board of Pharmaceutical Representative magazine (an Advanstar publication). Prior to joininers (SPBT), he also serves on the editorial advisory board of Pharmaceutical Representative magazine (an Advanstar publication). Prior to joininers (SPBT), he also serves on the editorial advisory board of Pharmaceutical Representative magazine (an Advanstar publication). Prior to joining Aventis, Rauschkolb was the senior director of the University of Pfizer, Hospital and Specialty Representative Training.

Jonathan Singer is a principal in the Minneapolis office of Fish & Richardson. He can be reached at


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