Abbott pursues patent infringement action against Mylan pursuant to Hatch-Waxman Act
Clients Abbott Laboratories
Jones Day represented Abbott Laboratories in a patent infringement action brought pursuant to the Hatch-Waxman Act against Mylan Pharmaceuticals Inc., an ANDA first filer for one of Abbott's key products. In addition to denying infringement and challenging the validity and enforceability of Abbott's patents, Mylan lodged antitrust counterclaims, including a claim of sham litigation. Jones Day successfully moved to bar Mylan's sham litigation theory, and the matter subsequently settled on mutually agreeable terms.
Abbott Laboratories v. Mylan Pharmaceuticals Inc., No. 05 C 6561 (N.D. Ill.)