Mylan Rejected in Bid for Fed. Circuit Eye on Patent Reviews (1)

Mylan Laboratories Ltd. failed to convince the Federal Circuit to let it proceed with its challenge to 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 Pharmaceutica N.V.‘s patent on a schizophrenia drug because of a looming district court trial in a case against another would-be generic maker, Teva Pharmaceuticals USA Inc.

The U.S. Court of Appeals for the Federal Circuit found Mylan’s challenge amounted to an appeal of the board’s ...