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,...
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