The Significance Of Takeda V. Mylan

Law360, New York (February 2, 2009, 12:00 AM EST) -- The Takeda v. Mylan Federal Circuit opinion, issued in December 2008, was a significant development in Hatch-Waxman patent litigations. Takeda Chem. Indus. Ltd., v. Mylan Labs. Inc., 549 F.3d 1381 (Fed. Cir. 2008).

The Federal Circuit affirmed the trial court’s award to plaintiff of over $16 million in attorney fees based on baseless invalidity and unenforceability defenses asserted by defendants not just at trial, but also in their Notices of Paragraph IV certifications.

Unlike most patent litigations which are preceded by an act of alleged infringement,...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.