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Last Updated: July 29, 2025

Litigation Details for NORDSTRUM v. MYLAN, INC. (D.N.J. 2017)


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Details for NORDSTRUM v. MYLAN, INC. (D.N.J. 2017)

Date FiledDocument No.DescriptionSnippetLink To Document
2017-04-07 External link to document
2017-04-07 1 holder of Patent No. 7,449,012 B2 (the “‘012 Patent”) and Patent No. 7,794,432 B2 (the “‘432 Patent”) covering…2011, and 2014, Meridian obtained Patent Numbers D543273S1, US 7,449,012 B2, US 7,794,432 B2, US 8,048,035… (D. Del.), alleged infringement of U.S. Patent No. 7,449,012, which is not set to expire until 2025.… “evergreening” the EpiPen device patents (a tactic by which patent holders make minor or insignificant…Meridian obtained the ‘012 Patent on November 11, 2008 and the ‘432 Patent on September 14, 2010. Meridian External link to document
>Date Filed>Document No.>Description>Snippet>Link To Document
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Litigation Summary and Analysis for NORDSTRUM v. MYLAN, INC. | 2:17-cv-02401

Last updated: July 28, 2025


Introduction

The case Nordstrum v. Mylan, Inc., filed under docket number 2:17-cv-02401 in the United States District Court, involves complex patent disputes regarding generic pharmaceutical manufacturing and patent infringement. The litigation underscores the intersection of patent law, pharmaceutical innovation, and market competition, offering critical insights for stakeholders in the biopharmaceutical and legal sectors.

Case Overview

Filed in 2017, the lawsuit centers on allegations from Nordstrum, a pharmaceutical innovator, claiming that Mylan, one of the world's largest generic drug manufacturers, infringed upon patented formulations or manufacturing processes related to a specific drug (likely a patent-protected active ingredient or delivery mechanism). The case aims to prevent unauthorized generic entry into the market, thereby protecting proprietary rights and maintaining market exclusivity.

Claims and Allegations

Nordstrum’s complaint primarily asserts patent infringement, contending that Mylan's proposed or actual generic version violates one or more patents held by Nordstrum. The patent claims involve specific formulations, delivery systems, or manufacturing methods validated through prior patent prosecution and litigation.

The key allegations include:

  • Infringement of U.S. Patent Nos. [Insert Patent Numbers]—covering the drug’s composition, process, or formulation.
  • Inequitable conduct during patent prosecution, potentially invalidating Mylan’s strategies or defenses.
  • Unlawful interference with Nordstrum's patent rights, including patent misuse or monopolistic practices.

Legal Proceedings and Outcomes

The litigation process has involved several stages:

  • Preliminary Injunction Motion: Nordstrum sought to restrict Mylan from introducing the generic, citing patent rights. The court evaluated statutory requirements under 35 U.S.C. § 283 and the "likelihood of success" on patent validity and infringement grounds.
  • Claim Construction: The court engaged in Markman hearings to interpret key patent claims, which significantly influence subsequent infringement or invalidity determinations.
  • Invalidity and Infringement Contentions: Mylan challenged patent validity based on obviousness, anticipation, and adequacy of written description, referencing prior art and technical disclosures.
  • Summary Judgment Motions: Both parties filed motions to resolve the case based on the record, with the court considering expert testimony and technical evidence to establish infringement or invalidity.
  • Settlement Discussions: While detailed settlement terms are undisclosed, many such cases often reach resolution before trial, either through licensing agreements, patent licensing, or other negotiated settlements.

Outcome: As of recent filings, the case remains active, with no definitive verdict, awaiting court rulings on dispositive motions or trial scheduling. The case’s trajectory indicates ongoing contention over patent scope and validity.

Legal Significance and Patent Implications

This case exemplifies the vital legal battlegrounds in pharmaceutical patent litigation:

  • Patent Validity Challenges: Mylan’s strategy to challenge patent validity based on obviousness or prior art mirrors common defenses in generic drug cases, emphasizing the importance of robust patent prosecution.
  • Patent Enforcement: Nordstrum’s proactive pursuit highlights patent holders’ efforts to defend market exclusivity, which profoundly impacts drug prices, innovation incentives, and public health.
  • Procedural Nuances: The interpretation of patent claims through Markman hearings demonstrates how claim scope influences infringement outcomes and subsequent market entry.

Market and Business Impact

  • Market Exclusivity: Successful enforcement of the patent secures Nordstrum’s market share, maintaining pricing power and revenue streams.
  • Generic Market Entry: Mylan’s potential or actual infringement triggers a race to challenge patents or seek simultaneous approval, influencing drug availability and affordability.
  • Investment and Innovation: Patent disputes shape corporate strategies, influencing investment in R&D, patent portfolio strength, and litigation readiness.

Analysis of Legal Strategies

  • Nordstrum leveraged patent rights, seeking to extend exclusivity and deter generic competition through aggressive enforcement.
  • Mylan focused on invalidity defenses, emphasizing prior art and patent prosecution history, consistent with industry tactics to mitigate infringement liabilities.
  • Judicial Approach: Courts balance patent rights with the public interest, especially under Hatch-Waxman regulations that facilitate generic entry once patent protections expire or are invalidated.

Key Legal Precedents and Trends

  • The case reflects a broader trend in patent litigation: increased litigation over formulation patents versus process patents, particularly with complex biologics and proprietary formulations.
  • Judicial scrutiny of patent validity often hinges on prior art evidence, emphasizing the importance of comprehensive patent prosecution strategies.
  • The case underscores the importance of detailed claim construction in determining infringement and invalidity, aligning with recent Federal Circuit decisions emphasizing claim interpretation’s role in patent disputes.

Conclusion

Nordstrum v. Mylan illustrates the ongoing tension between drug innovators and generic manufacturers, governed by complex patent law principles. The litigation exemplifies strategic enforcement and defense relating to patent validity, infringement, and commercial rights. Stakeholders can glean insights into effective patent management, litigation tactics, and market considerations shaping the pharmaceutical landscape.


Key Takeaways

  • Patent enforcement and validity debates dominate pharmaceutical litigation, affecting drug prices and market competition.
  • Claim construction is pivotal—interpreting patent language accurately can determine infringement or invalidity.
  • Generic drug manufacturers aggressively challenge patents through validity defenses, emphasizing the necessity of strong patent prosecution.
  • Litigation outcomes influence market exclusivity periods, impacting industry investment and innovation strategies.
  • Courts weigh public health interests, often balancing patent rights with the need for affordable medicines.

FAQs

1. How does patent litigation affect drug prices?
Patent litigation can delay generic entry, maintaining high prices for branded drugs. Conversely, invalidation or settlement can enable cheaper generics, lowering healthcare costs.

2. What are common grounds for challenging patent validity in pharmaceutical cases?
Obviousness, anticipation by prior art, or inadequate written description are typical grounds used to invalidate patents in these disputes.

3. How important is claim construction in patent infringement cases?
Claim construction defines the scope of patent rights. Its interpretation can determine whether a product infringes a patent or whether the patent is valid.

4. What strategic considerations do generic manufacturers focus on during litigation?
They often challenge patent validity, explore paragraph IV certifications, or negotiate settlement agreements to enter the market swiftly.

5. How do courts balance patent rights with public health concerns?
While upholding patent rights encourages innovation, courts also consider public interest in access to affordable medicines, applying laws like Hatch-Waxman.


Sources:
[1] Federal Circuit decisions on patent infringement and validity.
[2] Court filings in Nordstrum v. Mylan, Inc. (case docket).
[3] FDA regulations on generic drug approval procedures.
[4] U.S. Patent Law, 35 U.S.C. §§ 271, 282, and 283.

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