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Mylan Infringed Cumberland's Acetadote Patent, Judge Rules

October 1, 2015

Media Mention

On September 30, 2015, an Illinois federal judge decided in favor of Finnegan client Cumberland Pharmaceuticals, ruling that Mylan Institutional LLC infringed Cumberland's patent for the drug Acetadote. In 2012, Cumberland filed a complaint claiming that Mylan infringed its patent by filing an abbreviated new drug application (ANDA) with the FDA in an effort to obtain approval to market a generic version of the drug. In district court, Mylan claimed that the formulation was derived from the U.S. Food and Drug Administration (FDA) and was not Cumberland's invention, but the court held that the FDA's formula for Acetadote was not a "definite and permanent" idea.