Thursday, June 8, 2017
A new Civil Cover Sheet (JS-44) has become effective June 1, 2017 for all civil actions filed on or after that date.
DetailsThe Subcommittee on Judicial Statistics of the Judicial Conference of the United States has approved the creation of a new nature of suit code in June 2016. The Subcommittee agreed that it was important to distinguish patent cases involving drug companies seeking to market generic drugs by submitting the Abbreviated New Drug Application (ANDA) under the provisions of the Drug Price Competition and Patent Term Act, also known as the Hatch-Waxman Act. A new civil nature of suit (NOS) code has been created to identify ANDA cases. The NOS code, 835, Patent – Abbreviated New Drug Application (ANDA), has been added to the Civil Cover Sheet (Form JS-44, Revision 06/17).
The following jurisdiction codes are valid for NOS code 835 cases: 1 - U.S. Government Plaintiff, 2 - U.S. Government Defendant, and 3 - Federal Question. The case weight assigned to the NOS code is 2.56, which is the same for NOS code 830 (Patent). Please note that ANDA cases filed before June 1, 2017, and reported as NOS code 830 (patent) cases should NOT be modified to use NOS code 835; the NOS code for those cases should remain 830. New NOS code 835 is only applicable to cases filed on or after June 1, 2017.
The new Civil Cover Sheet may be downloaded here.