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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!