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Celgene-Mylan Case Refines Patent Venue Rules for Generic Cases

Nov. 5, 2021, 5:51 PM

Celgene Corp. failed to convince the Federal Circuit that New Jersey federal court was a proper place for its suit alleging Mylan‘s generic version of its Pomalyst multiple myeloma drug infringed its patents.

The U.S. District Court for the District of New Jersey dismissed Celgene’s Hatch-Waxman Act allegations against Mylan Pharmaceuticals Inc. and Mylan Inc. for lack of venue because the companies aren’t based in the district and didn’t commit any acts of infringement there.

The Federal Circuit affirmed in a precedential opinion. It relied on its November 2020 ruling in Valeant Pharmaceuticals v. Mylan Pharmaceuticals, which ...