Mylan Says Generic Drugs Can't Override IP Venue Law

Law360 (March 9, 2020, 5:59 PM EDT) -- The Hatch-Waxman Act didn't create an exemption to patent venue law that allows generic-drug makers to be sued in states where there's been no alleged infringement, Mylan has told the Federal Circuit as part of a fight with Valeant over competing versions of the antifungal medication Jublia.

When deciding where to file a patent infringement suit, the only factors that matter are where the parties reside and where an act of infringement has occurred, not where future infringement may occur, Mylan Pharmaceuticals Inc. said Thursday. It is urging the Federal Circuit to uphold a New Jersey federal judge's ruling, which had...

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