Katten represented Mylan Pharmaceuticals Inc. in winning a judgment against Actelion Pharmaceuticals Ltd. in significant patent litigation over its epoprostenol formulation patents.
In a precedential decision issued on May 13, the US Court of Appeals for the Federal Circuit affirmed the Northern District of West Virginia's ruling that Mylan's proposed generic epoprostenol product doesn’t infringe Actelion's asserted patents relating to formulations of epoprostenol, the active ingredient in Actelion's Veletri® product. The decision, Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc., No. 2024-1641, caps a second successful win at the Federal Circuit for Mylan, following the court's 2023 decision vacating an earlier judgment and remanding for further consideration of extrinsic evidence.