March 19, 2015

The United States District Court for the Southern District of Indiana joined the District of Delaware and the Eastern District of Texas in finding specific jurisdiction based on receipt of a Paragraph IV Notice Letter. See Eli Lilly and Co. v. Mylan Pharmaceuticals, Inc., No. 1:14-cv-389 (S.D. Ind. Mar. 12, 2015). For an overview of this developing area of the law, please see our February 2015 update. This latest decision continues the trend of exercising personal jurisdiction over out-of-state Hatch-Waxman filers based in large part on the act of sending a Paragraph IV Notice Letter.

Defendants Mylan Pharmaceuticals, Inc., Mylan, Inc., and Mylan Laboratories, Ltd. challenged the Court’s jurisdiction over an infringement suit brought by Eli Lilly and Company based on Mylan’s filing of an abbreviated new drug application that seeks approval to sell a generic version of Effient®. Following jurisdictional discovery, the Court found Mylan’s sending of a Notice Letter to Indiana constituted a sufficient minimum contact with the forum, and that subjecting Mylan to jurisdiction would not offend traditional notions of fair play and substantial justice.

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