Apr 1 2014
Mylan Inc. (Nasdaq: MYL) announced that today the Supreme Court of the United States granted certiorari in Mylan's patent litigation against Teva relating to Mylan's Abbreviated New Drug Application (ANDA) for glatiramer acetate (Copaxone). In July of 2013, the Court of Appeals for the Federal Circuit ruled that Teva's U.S. Patent No. 5,800,808 ("the '808 patent"), along with other patents, was invalid as indefinite.
The Supreme Court will consider the issue of the standard of review that appellate courts should apply when considering appeals relating to the construction of a patent claim. Specifically, the Supreme Court has agreed to consider a question proposed by Teva: whether a district court's factual finding in support of its construction of a patent claim term may be reviewed for legal error, as the Federal Circuit requires, or only for clear factual error. Mylan continues to believe that Teva's '808 patent is invalid for indefiniteness.
At this time, Mylan confirms its adjusted diluted earnings per share guidance range for the full year 2014, and its expectation that first quarter adjusted diluted earnings per share will be approximately equal to first quarter 2013 adjusted diluted earnings per share, all as previously stated on the quarterly earnings conference call held on February 27, 2014.