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Takeda Chem. Indus., Ltd. v. Mylan Labs., Inc. (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn --Last week, the Federal Circuit affirmed a finding of exceptionality and award of $16.8 million in attorneys fees by the District Court for the Southern District of New York in a case involving two Hatch-Waxman challenges to U.S. Patent No. 4,687,777. The challenges to the '777 patent had been initiated by Defendants-Appellants Mylan Laboratories, Inc., Mylan Pharmaceuticals, Inc., and UDL Laboratories, Inc. (Mylan) on the one hand, and Defendants-Appellants Alphapharm Pty., Inc. and Genpharm, Inc. (Alphapharm) on the other. Seeking approval to market a generic version of the antidiabetic agent, 5-{4-[2-(5-ethyl-2-pyridyl)ethoxy]benzyl}-2,4-thiazolidinedione, commonly referred to as pioglitazone, both...img src="http://feeds.feedburner.com/~r/PatentDocs/~4/487317464" height="1" width="1"/

Full post as published by Patent Docs on December 16, 2008 (boomark / email).