Mylan Must Face AstraZeneca’s Patent Infringement Suit

AstraZeneca’s suit accusing Mylan Pharmaceuticals of infringing its patents for an inhaler product is moving to the U.S. District Court for the Northern District of West Virginia, under an Oct. 18 opinion.

Judge Colm F. Connolly, of the U.S. District Court for the District of Delaware, also dismissed Mylan’s motion to dismiss the case for improper venue, given the case will now be tried in the company’s home state. AstraZeneca had opposed the change of venue.

AstraZeneca holds patents for the Symbicort Inhalation Aerosol product, which is a prescription drug used to treat asthma and chronic obstructive pulmonary disease.

Another company, 3M, filed an Abbreviated New Drug Application in June of 2018 seeking Food and Drug Administration approval to produce and sell a generic version of the inhaler.

In August of that year, 3M allegedly transferred the application to Mylan, at which point Mylan notified AstraZeneca of its intent to market a generic version of the product.

In its disclosure, Mylan said 3M would manufacture the inhaler for Mylan, but would not be involved in any marketing, promotion, distribution, or sale of the product.

AstraZeneca initiated the Hatch-Waxman Act challenge against Mylan on Oct. 11, 2018, later amending the complaint to include 3M in the litigation and to include an additional patent in its claims.

The case is: AstraZeneca AB et al v. Mylan Pharmaceuticals Inc., D. Del., 1:18-cv-01562, 10/18/19