Mylan, Janssen to Spar at Fed. Cir. Over Patent Review Appeals

Arguments Friday in a case over Mylan Laboratories Ltd.‘s desire to market a generic of Janssen Pharmaceutica N.V.‘s schizophrenia drug will give the Federal Circuit its first chance to consider the U.S. Patent and Trademark Office’s use of a much-debated rule that makes it harder to initiate patent reviews.

Mylan appealed a decision by the Patent Trial and Appeal Board refusing to open a review of Janssen’s patent because of a looming district court trial in a case against another would-be generic maker, Teva Pharmaceuticals USA Inc.

Mylan argued the board improperly applied its NHK-Fintiv rule on when ...