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Bausch, Mylan Drug Patent Fight Over Generic Spurs Venue Limit

Nov. 5, 2020, 6:24 PM

Bausch Health Cos. failed to convince the Federal Circuit to create an expansive rule for where patent infringement suits over new generic versions of drugs can be filed.

Such suits can only be brought in districts where actions related to the submission of an Abbreviated New Drug Application occur, not in all locations where future distribution of the generic is contemplated, the U.S. Court of Appeals for the Federal Circuit said in a precedential opinion Thursday.

The appeals court said the U.S. District Court for the District of New Jersey properly threw out Bausch’s suit against two Mylan Inc. entities. ...

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