Drug Patent Sham Litigation Case Dismissed

The Federal Circuit has upheld a decision dismissing Mylan’s sham litigation claims against AstraZeneca.  Mylan claimed that AstraZeneca conspired with others to file patent infringement claims against any generic drug manufacturer seeking to introduce a generic version of Prilosec.  The court held, however, that because AstraZeneca won some of the infringement cases and had survived a summary judgment motion in the case against Mylan, that the plaintiff could not satisfy the relevant standard of showing that the infringement litigation was objectively baseless.

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