Federal Circuit Rules Acorda's Litigation Against Mylan Should Stay In Delaware

(RTTNews) - Acorda Therapeutics Inc. (ACOR) said that the United States Court of Appeals for the Federal Circuit has upheld a lower court ruling that Acorda's Abbreviated New Drug Application or ANDA litigation against Mylan N.V. (MYL) can continue in the District Court of Delaware. Mylan had appealed to the Federal Circuit after losing its motion to the Delaware District Court to have the patent litigation proceed in West Virginia.

As a result of this decision, all of the ANDA litigation related to AMPYRA or dalfampridine Tablets, 10 mg patents will continue to proceed in the District Court of Delaware.

"We're pleased that the Federal Circuit agreed that our litigation against Mylan should stay in Delaware. This decision allows us to direct our resources to a trial in one jurisdiction, and potentially eliminates conflicting rulings in different courts. It also may set an important precedent for future patent litigation cases that will allow patent holders to focus on defending patents in a single court," said Jane Wasman, President, International and General Counsel of Acorda.

Mylan has 30 days to request a rehearing of the case to an en banc panel of the Federal Circuit where the Court can reconsider its ruling. Mylan could also seek an appeal to the Supreme Court.

Acorda has filed patent infringement suits against several parties, including Mylan, related to AMPYRA. Acorda holds five Orange Book listed patents that extend through 2027. A trial for this patent litigation is scheduled to begin in the District Court of Delaware in September 2016.