CELGENE CORP. v. MYLAN PHARMACEUTICALS INC.

2021-1154.

17 F.4th 1111 (2021)

CELGENE CORPORATION, Plaintiff-Appellant, v. MYLAN PHARMACEUTICALS INC., Mylan Inc., Mylan N.V., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 5, 2021.


Attorney(s) appearing for the Case

Ellyde R. Thompson , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, argued for plaintiff-appellant. Also represented by Francis Dominic Cerrito , Frank Charles Calvosa , Eric C. Stops ; Matthew J. Hertko , Jones Day, Chicago, IL; Jennifer L. Swize , Washington, DC.

Tung on Kong , Wilson, Sonsini, Goodrich & Rosati, PC, San Francisco, CA, argued for defendants-appellees. Also represented by Kristina M. Hanson ; Steffen Nathanael Johnson , George E. Powell, III , Washington, DC; Elham Firouzi San Diego, CA.

Before PROST, CHEN, and HUGHES, Circuit Judges.


This is a case about venue and pleading under the Hatch-Waxman Act.

Celgene Corporation ("Celgene") markets pomalidomide as a multiple-myeloma drug under the brand name Pomalyst. It has patents related to that drug, but many drug companies viewed the validity or applicability of those patents with skepticism and sought...

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