Illinois District Court Opinion Shows Uncertainty of the Economics of ANDA litigation
By Yaping Zhang – Edited by Mengyi Wang
The Northern District of Illinois just laid down a Hatch-Waxman opinion, holding that the Mylan Pharmaceuticals Inc. infringed the patent No. 727 Patent held by Medicines Company. Patently-O published a study that demonstrates ANDA Paragraph (iv) cases have increasingly settled, reducing consumer surplus. The case suggests that there are potentially more complicated calculus and players embedded in ANDA litigations than originally thought.