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Mylan Pharmaceuticals, Inc. v. Thompson
In a brief filed in Mylan Pharmaceuticals v. Thompson, WLF argued those challenging patents should be required to raise their claims in connection with the normal procedures established for such challenges; they should not be permitted to circumvent those procedures with novel legal claims, such as suits challenging a drug company's decision to list a patent in the "Orange Book" maintained by the Food and Drug Administration (FDA). On October 10, 2001, the appeals court sided with WLF, ruling that those challenging drug firm patents may not short-circuit the patent litigation process by filing suits that purport to enforce the Federal Food, Drug, and Cosmetics Act.
Case Status:
Victory. Petition for Supreme Court review denied October 7, 2002.
More Information and Downloads:
4/20/2001: Download the Brief

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