Press Release June 16, 2017

Mylan Prevails against Shire in Generic Drug Patent Dispute

Alston & Bird client Mylan Pharmaceuticals Inc. won a significant patent ruling against Shire Development LLC when a Florida federal judge vacated her earlier decision on reconsideration and found that Mylan’s proposed generic version of Shire’s gastrointestinal drug Lialda does not infringe U.S. Patent Number 6,773,720.

U.S. Judge Charlene Edwards Honeywell of the Middle District of Florida made the ruling after the U.S. Court of Appeals for the Federal Circuit unanimously reversed a patent infringement decision in favor of Shire against Watson Pharmaceuticals Inc., finding that Watson’s generic version of the same drug did not infringe the ‘720 patent.

“Having considered the motions, having heard argument from counsel, and otherwise being fully advised in the premises, [the Court] will grant the Motion for Reconsideration Pursuant to Rules 59(e) and 60(b) … [b]ecause Mylan has demonstrated that there has been an intervening change in controlling law,” Judge Honeywell wrote in her June 15, 2017 Order, adding that in light of this change, “The Court has reconsidered its Opinion and Order and will vacate its Opinion and Order and Final Judgment and Permanent Injunction.”

Judge Honeywell then entered a final judgment in favor of Mylan and against plaintiffs.

Representing Mylan in the matter are Alston & Bird partners Deepro Mukerjee and Jim Grant and senior associates Lance Soderstrom and Joe Janusz, with assistance from local counsel Hill Ward Henderson PA.

The case is Shire Development, LLC et al. v. Mylan Pharmaceuticals, Inc. et al., case number 8:12-cv-01190, in the U.S. District Court for the Middle District of Florida.
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