Mylan Inc v. Commissioner of Internal Reven

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Case overview

Case Number:



Appellate - 3rd Circuit

Nature of Suit:

tax court 


Sectors & Industries:

  1. July 27, 2023

    Mylan's Litigation Costs Are Tax Deductible, 3rd Circ. Rules

    The Third Circuit on Thursday backed a finding that generic-drug maker Mylan was not on the hook for $50 million in taxes the Internal Revenue Service said it should pay over deducted patent litigation fees.

  2. January 12, 2023

    3rd Circ. Presses US On Mylan's $50M Tax Bill For Court Costs

    A Third Circuit panel questioned the government's position that generic-drug maker Mylan owes $50 million in taxes, asking during oral arguments Thursday why the IRS had suddenly changed its mind in claiming the company shouldn't be allowed to deduct its litigation costs.

  3. January 04, 2023

    3rd Circ. Preview: NCAA Athlete Pay Fight Tops Jan. Calendar

    Collegiate athletes' fight for pay leads the Third Circuit's argument calendar this month, along with cases tackling the tax deductibility of litigation expenses and whether the "gist of action" doctrine applies in a case against Dick's Sporting Goods. 

  4. September 20, 2022

    Mylan Flags Claims Court Ruling In $50M Tax Fight At 3rd Circ.

    A recent Court of Federal Claims decision supports Mylan Inc.'s challenge to a $50 million tax bill by bolstering its argument that it's entitled to deduct the costs of patent litigation suits, Mylan told the Third Circuit.

  5. August 09, 2022

    Mylan Gets Industry Aid In $50M Tax Fight At 3rd Circ.

    A generic-drug manufacturer trade group told the Third Circuit on Monday that taxing patent litigation costs related to the expedited approval process for generic drugs would undermine the purpose of the Hatch-Waxman Act that set up that process, driving up costs for consumers.

  6. August 02, 2022

    Mylan Asks 3rd Circ. To Uphold Win In $50M Tax Fight

    Generic-drug maker Mylan urged the Third Circuit to uphold a decision that the company was not on the hook for $50 million in taxes the Internal Revenue Service said it should pay over deducted patent litigation fees.

  7. May 19, 2022

    Mylan Owes $50M Tax Over Patent Legal Fees, 3rd Circ. Told

    Pharmaceutical company Mylan Inc. should be held liable for more than $50 million in taxes, the U.S. told the Third Circuit, arguing a lower court incorrectly concluded the business could claim certain patent litigation costs as standard business deductions.

  8. February 04, 2022

    IRS To Seek 3rd Circ. Review Of Mylan Legal Fees Win

    The IRS will ask the Third Circuit to review a U.S. Tax Court ruling that Mylan Inc. could deduct legal fees it incurred defending itself against patent infringement suits from brand-name drug companies, according to a notice filed Friday.