Takeda Loses Appeal To Stop Mylan's Generic Gout Drug
Law360 (July 31, 2020, 8:02 PM EDT) -- Shooting down Takeda Pharmaceuticals' argument that a district court misinterpreted the terms of a licensing agreement, a split Federal Circuit panel on Friday upheld a lower court's decision declining to block Mylan from selling a generic version of Takeda's gout drug colchicine.
The panel's precedential opinion said there was no support in the plain language of the licensing agreement for Takeda's interpretation of the deal that Mylan should have been barred from launching. That agreement allows Mylan to plow ahead with a generic if a final decision is reached in third-party litigation in which Takeda's patents are found invalid or unenforceable or...
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