- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
September 10, 2024Robins Kaplan Ranks Among Top Firms In 2024 American Lawyer Mid-Level Associates Survey
-
September 9, 2024Federal Judge Orders Transformative Reforms at West LA VA Campus in Major Victory for Disabled Veterans
-
September 9, 2024Robins Kaplan Partners Named to 2025 Lawdragon 500 Leading Litigators in America Guide
-
September 27, 2024Minnesota’s Largest Patent Jury Verdict: The Inside Story
-
October 9, 2024Perception vs. Reality in Trust and Estate Matters:
-
October 20, 2024License Agreement Disputes:
-
September 2024Q&A with Alan Harter, Founder of Pactolus Private Wealth Management
-
August 2024Recruiting & Retaining Diverse Attorneys: Building an Inclusive Legal Profession
-
August 22, 2024Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Novartis Pharms. Corp. v. Mylan Inc.
The site of incorporation conferred specific jurisdiction.
Spring 2015
Case Name: Novartis Pharms. Corp. v. Mylan Inc., Civ. No. 14-777-RGA, 2015 U.S. Dist. LEXIS 31812 (D. Del. March 16, 2015) (Andrews, J.)
Drug Product and Patent(s)-in-Suit: Exelon Patch (rivastigmine); U.S. Patents Nos. 6,316,023 (“the ’023 patent”) and 6,335,031 (“the ’031 patent”)
Nature of the Case and Issue(s) Presented: Mylan Inc. is a Pennsylvania corporation having a place of business in West Virginia, and Mylan Pharmaceuticals Inc. is a West Virginia corporation having a place of business in West Virginia, and had registered as a foreign corporation to do business in Delaware. Mylan filed a motion to dismiss for lack of personal jurisdiction.
Why Novartis Prevailed: At the outset, the court made three findings: (i) the Delaware registration statutes require consent to general jurisdiction. Thus, as a factual matter, Mylan Pharmaceuticals Inc. has consented to general jurisdiction; (ii) at least two courts of appeals have expressly upheld, albeit not that recently, the validity of such registration statutes as the basis for consent to general jurisdiction; and (iii) after considering the Supreme Court’s decision in Daimler, the court found that “the broad language of the opinions has to be read in the context of the limiting language. … I do not think it appropriate for me to ‘overrule’ Supreme Court precedent that the Supreme Court has not overruled.’”
Ultimately, the court used a “simpler approach” to solve the issue at hand. The only case that considered whether there was specific jurisdiction over Mylan Inc. in the District of Delaware was Acorda Therapeutics, Inc. v. Mylan Pharms. Inc., 2015 U.S. Dist. LEXIS 4056 (D. Del. Jan. 14, 2015). The Acorda specific jurisdiction analysis as to Mylan Inc. logically would apply to these two cases too. There were no significant differences in the record. Thus, the court permitted jurisdictional discovery as to Mylan Inc. and denied the motions to dismiss as they pertained to Mylan Pharms. Inc.
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.