Defendant
8 cases as defendant.
Mylan Inc. is a Pennsylvania-incorporated pharmaceutical manufacturer with its principal place of business at 1000 Mylan Boulevard, Canonsburg, Pennsylvania. The business was founded in 1961 in White Sulphur Springs, West Virginia, by Milan Puskar and Don Panoz as a drug distributor, began manufacturing in 1966, and went public in 1973. In February 2015 it became a subsidiary of Dutch-incorporated holding company Mylan N.V. On November 16, 2020, Mylan N.V. combined with Pfizer's Upjohn business to form Viatris Inc. (Nasdaq: VTRS); Mylan N.V. ceased to exist as a separate entity, leaving Mylan Inc. an indirect Viatris subsidiary that continues to guarantee certain Viatris notes. For scale, Mylan N.V.'s 2019 Form 10-K reported a global workforce of approximately 35,000 and total revenues of roughly $11.5 billion.
Operations. Mylan develops, manufactures and markets generic and specialty pharmaceuticals and active pharmaceutical ingredients, with a portfolio of more than 7,500 products sold in over 165 countries, including prescription generics, branded generics, brand-name specialty drugs (e.g., the EpiPen auto-injector) and OTC remedies. U.S. generic manufacturing and ANDA activity sits mainly in operating subsidiaries including Mylan Pharmaceuticals Inc. (Morgantown, West Virginia) and Mylan Technologies Inc. (transdermal patches). This is an operating company, not a patent-assertion vehicle.
Litigation posture. The tracked data show 0 cases as plaintiff and 2 as defendant — the profile of an operating company defending infringement suits rather than one asserting patents. Both tracked matters are Hatch-Waxman/ANDA actions brought by Merck Sharp & Dohme, not NPE suits. Venues are the District of Delaware and the Northern District of West Virginia, not the plaintiff-friendly Eastern District of Texas.
Notable cases. The two tracked cases are facets of one dispute: Merck Sharp & Dohme Corp./LLC v. Mylan Pharmaceuticals Inc. et al., concerning Merck's U.S. Patent Nos. 7,326,708 and 8,414,921 and Mylan's ANDAs for generic sitagliptin phosphate (Merck's Januvia/Janumet). The West Virginia action (1:19-cv-00101, filed May 2, 2019) was centralized into MDL No. 2902, In re Sitagliptin Phosphate ('708 & '921) Patent Litigation, in Delaware; the Delaware action was voluntarily dismissed. Mylan Inc. was named as a defendant but dismissed by stipulation, leaving Mylan Pharmaceuticals Inc. The case terminated in May 2023 after appeal.
Celgene sued Mylan entities in N.D. West Virginia over generic lenalidomide. The case was resolved by a stipulated consent judgment/injunction on July 23, 2021.
Celgene sued Mylan Pharmaceuticals, Mylan Inc., and Mylan N.V. in the Northern District of West Virginia (1:20-cv-00003), asserting U.S. 7,855,217 among other patents. The case settled on July 21, 2021, and terminated July 23, 2021 (ANDA No. 213912).
Consent judgment entered July 21/23, 2021, enjoining Mylan from infringing the Patents-in-Suit, including the '498 patent, until expiration and dismissing all claims with prejudice.
Merits action asserting '708 claim 3 for infringement and challenging claims 1, 2, 3, and 19 for validity. After a five-day bench trial, the court found Mylan's ANDA products infringe claim 3 (Doc. 204, Oct. 26, 2022); Mylan appealed.
Hatch-Waxman ANDA litigation. The '427 was expressly named among the patents-in-suit, but Celgene withdrew its '427 infringement claims. Consolidated/coordinated for claim construction with 17-cv-03159. Case terminated 2021-08-19.
D. Del. action asserting the '725 patent against Mylan. Settled/terminated.
Voluntarily dismissed without prejudice by stipulation; parallel action proceeded in N.D. W. Va.
Federal Circuit appeal from D.N.J. 2:19-cv-05802. Affirmed dismissal for improper venue as to MPI and Mylan Inc. and failure to state a claim as to Mylan N.V.