Firm Decisions

Haug Partners Defeats Motion to Dismiss Patent and Contract Claims

September 10, 2020

On September 9, 2020, Judge Richard G. Andrews of the United States District Court for the District of Delaware ruled in favor of Takeda Pharmaceuticals U.S.A., Inc. in the case Takeda Pharmaceuticals U.S.A., Inc. v. Mylan Pharmaceuticals Inc. (No. 1:19-cv-02216-RGA). Takeda’s complaint asserts breach of contract, alleging that Mylan’s launch and sale of its generic colchicine product is in breach of a settlement and license agreement that the parties entered into to settle an earlier Hatch-Waxman litigation, and also asserts that Mylan’s activities constitute infringement of Takeda’s patents. Mylan filed a motion to dismiss Takeda’s complaint, which Takeda opposed on a variety of grounds. Judge Andrews denied Mylan’s motion to dismiss, clearing the way for the case to proceed to discovery.

Takeda was represented by Haug Partners attorneys Edgar H. Haug, Porter F. Fleming, Jonathan A. Herstoff, and Camille Y. Turner.