The Federal Circuit affirmed two decisions from the United States District Court for the District of Delaware finding that the Delaware court has specific personal jurisdiction over Mylan Pharmaceuticals Inc. ("Mylan"), the filer of an Abbreviated New Drug Application in a Hatch-Waxman case. The Federal Circuit concluded that Mylan was subject to specific jurisdiction in Delaware because Mylan intends to market its generic products in Delaware. The majority opinion (written by Judge Taranto and joined by Judge Newman) did not reach the issue of general jurisdiction, although Judge O'Malley wrote a concurrence expressing her view that Mylan's registration to do business in Delaware constitutes consent to general personal jurisdiction in Delaware.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.