What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

Law360 (June 9, 2021, 3:03 PM EDT) -- Patent litigation, and particularly patent litigation in the pharmaceutical arena, is time-consuming and costly.

It is not uncommon to see companies that specialize in generic pharmaceuticals spend years and tens to hundreds of millions of dollars challenging the validity and enforceability of brand-name patents so that generic versions of the brand drugs can reach the market.

The April 27 U.S. Tax Court decision in Mylan Inc. & Subsidiaries v. Commissioner of Internal Revenue[1] provides guidance on the tax deduction status of legal expenses associated with pharmaceutical-related patent litigation.

The Mylan Decision

Mylan Inc. & Subsidiaries, a manufacturer of both brand-name and...

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