Litigation

Celgene Corporation v. Mylan Pharmaceuticals Inc. et al.

settled/consent judgment

1:20-cv-00003

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Court: Northern District of West Virginia
Filed: 2020-01-03
Terminated: 2021-07-23

Patents at issue (1)

Plaintiffs (1)

π Celgene Corporation

Defendants (2)

Summary

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.

Case overview & background

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Key legal developments & outcome

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Plaintiff representatives

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Defendant representatives

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Record id: 9101621-1-20-cv-00003 · edit in Admin

Further reading

Most-litigated US patents: 12 patents that defined the patent troll era
If a demand letter lands on your desk citing one of these, you are not the first. The campaign playbook is on file. The defenses other defendants used are public record.
What is a patent?
A patent is a deal between an inventor and the government — a 20-year monopoly in exchange for public disclosure. Most patents that get litigated would not survive serious scrutiny.
Obviousness under § 103
Most patented inventions are combinations of existing ideas. The modern KSR standard makes those combinations easier to attack than they used to be.
The America Invents Act (2011)
The AIA was the structural reform that gave defendants modern tools — IPR, broader prior art, joinder limits. The unfinished work is cost: AIA didn't make defense free, it made defense possible.
Non-Practicing Entity (NPE) lawsuit defense: a defendant's playbook
Defending an NPE suit is different from defending a competitor's suit. The asymmetries cut both ways — and the right plays exploit the ones that favor the defendant.

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