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Federal Circuit: Specific Jurisdiction Over Generic Pharmaceutical Defendant Proper in District of Delaware Based On Defendants’ Plans To Market Its Generic Drugs In Delaware

by Christopher E. Loh; Shannon K. Clark
May 17, 2016

In companion cases Acorda Therapeutics Inc. v. Mylan Pharm, Inc. (No. 2015-1456) and AstraZeneca AB v. Mylan Pharm. Inc. (No. 2015-1460), the Federal Circuit held that the District of Delaware may exercise specific jurisdiction over generic pharmaceutical company Mylan because Mylan’s ANDA filings and its distribution capabilities establish that it plans to market generic versions of Acorda’s and AstraZeneca’s drug products in Delaware. The majority opinion declined to reach the question of whether Mylan’s compliance with Delaware’s statute requiring that foreign corporations that register to do business in the state appoint an agent for service of process is a valid form of consent to general personal jurisdiction.

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Christopher Loh has extensive experience counseling clients and litigating matters involving biotechnology and life sciences, including in the areas of antibody biosimilars, targeted cancer therapies, diabetes treatments and siRNA technologies. Christopher has a B.S. in Molecular Biochemistry and Biophysics and in Economics from Yale University.

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