Significance of Takeda v. Mylan

IP LAW 360
March 6, 2009

Partner Joshua I. Rothman discusses the significance of Takeda v. Mylan in his March 6th guest column in IP LAW 360. In Takeda v. Mylan, the Federal Circuit reaffirmed the findings in Yamanouchi Pharm. Co. Ltd. v. Danbury Pharmacal Inc., that generics have a duty of good faith in making Paragraph IV challenges, and it rejected the generics’ argument that enforcing that duty would be unduly “chilling.”

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