Defendant
3 cases as defendant.
Company overview. Mylan N.V. was a global pharmaceutical company originally founded in 1961 in White Sulphur Springs, West Virginia, and long headquartered in Canonsburg, Pennsylvania (with Dutch incorporation in 2014 and principal executive offices in England). It was publicly traded on NASDAQ under "MYL." As of its 2019 Form 10-K, Mylan reported roughly 35,000 employees and annual revenue in the ~$11 billion range. In November 2020 Mylan combined with Pfizer's Upjohn business to form Viatris, and Mylan ceased to exist as an independent company.
Products / operations. Mylan was an operating company, not a shell. It developed, manufactured, and marketed generic and branded-generic prescription drugs, specialty pharmaceuticals, and active pharmaceutical ingredients (API). Its portfolio spanned more than a thousand products and dosage forms including oral solids, injectables, transdermal patches, and respiratory delivery. Notable lines included the EpiPen auto-injector and Wixela Inhub, the first generic of GSK's Advair Diskus. Its API business ran through India-based Matrix Laboratories, and its specialty business grew via acquisitions of Merck KGaA's generics unit, Abbott's EPD business, and Meda AB.
Patent-litigation posture. In the tracked data Mylan appears only as a defendant (0 plaintiff, 2 defendant cases), consistent with an operating generics manufacturer defending Hatch-Waxman ANDA patent suits brought by brand-name drugmakers. There is no indication of NPE/PAE assertion activity. Cases sit in the District of New Jersey and on appeal to the Federal Circuit — not in plaintiff-friendly venues such as the Eastern District of Texas.
Notable cases. Both tracked matters involve Celgene: Celgene Corp. v. Hetero Labs Ltd. et al. (D.N.J., 2017) and Celgene Corp. v. Mylan Pharmaceuticals Inc. et al. (Federal Circuit). These relate to Celgene's lenalidomide (Revlimid) patents and Mylan's ANDA. In the Federal Circuit matter (D.N.J. No. 2:19-cv-05802), the court dismissed for improper venue as to the domestic Mylan entities and for failure to state a claim as to Mylan N.V.; the Federal Circuit affirmed.
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.
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.