We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

The Significance Of Takeda V. Mylan

Law360 (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.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.