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Supreme Court Declines to Hear ANDA Jurisdiction Case

January 13, 2017

The Supreme Court has rejected Mylan’s challenge to a Federal Circuit decision that generic-drugmakers can face patent suits anywhere they may make sales in the future.

The court’s decision not to hear the case lets stand a U.S. Court of Appeals ruling that allowed Acorda Therapeutics and AstraZeneca to sue Mylan in Delaware.

Last year, the two companies sued Mylan in separate cases, arguing that the company’s filing of ANDAs for generic versions of AstraZeneca’s diabetes drugs Onglyza and Kombiglyze, as well as Acorda’s multiple sclerosis drug Ampyra threatened their patents.

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