This week and next Monday the Federal Circuit will convene 14 panels to consider about 67 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 35 cases being argued this month. Of the argued cases, only two related cases attracted amicus briefs.
As discussed in our argument preview, this case focuses on a dispute regarding the proper interpretation of Section 1.2(d) of a license agreement between Takeda and Mylan. The district court held that the license agreement entitled Mylan to launch a generic version of Takeda’s FDA-approved colchicine tablet product. In this appeal, Takeda argues that license agreement does not allow for the production of a generic version of Takeda’s patented product at this time. Takeda further argues that Mylan “breached the License Agreement and willfully infringed the Patents-in-Suit.” Mylan responds that it had the right to launch its product because Section 1.2(d) of the license agreement was triggered by a prior decision (in what the parties call the West-Ward Litigation).
An amicus brief filed by Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited supports the plaintiff, Takeda. Hikma claims it “has a strong interest in this matter . . . because the present dispute between Takeda and Mylan . . . turns on the holding in a prior patent litigation [the West-Ward Litigation] between Takeda and amici Hikma.”
Porter F. Fleming will argue for Takeda.
Michael S. Sommer will argue for Mylan.
The argument will take place on Monday, June 8, in a hearing that begins at 10:00 A.M.
In this case, just as in Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc., Takeda will argue that a license agreement between Takeda and the accused infringer, Alkem, does not allow for the production of a generic version of Takeda’s patented product at this time. The arguments in this case mirror those in Takeda’s case against Mylan.
Hikma Pharmaceuticals USA, Inc. and Hikma Pharmaceuticals International Limited also filed an amicus brief in this case, again in support of Takeda.
Porter F. Fleming will also argue for Takeda in this case.
Teresa M. Summers will argue for Alkem.
The argument will also take place in the hearing on Monday, June 8, at 10:00 A.M.