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Mylan Asks Supreme Court To Rein In 'Tactical' Drug Patenting

Law360 (November 28, 2018, 9:12 PM EST) -- Mylan Inc. and other generic drug companies have asked the U.S. Supreme Court to review a Federal Circuit decision that upheld a UCB Inc. patent on epilepsy drug Vimpat, telling the justices UCB has been allowed to patent the same invention twice.

The petition for writ of certiorari, filed Nov. 21 by Mylan, Alembic Pharmaceuticals Ltd. and Sun Pharma Global FZE, is the second petition in as many months challenging the Federal Circuit’s ruling. Accord Healthcare Inc.’s request for Supreme Court review was denied last week.

Mylan, Alembic and Sun focused on the argument that the circuit court has failed to...

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