Last Updated: September 29, 2026

Litigation Details for Celgene Corporation v. Mylan Pharmaceuticals Inc. (N.D.W. Va. 2020)


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Celgene Corporation v. Mylan Pharmaceuticals Inc. (N.D.W. Va. 2020)

Docket ⤷  Start Trial Date Filed 2020-01-03
Court District Court, N.D. West Virginia Date Terminated 2021-07-23
Cause 35:145 Patent Infringement Assigned To Irene Patricia Murphy Keeley
Jury Demand None Referred To Robert W. Trumble
Parties MYLAN INC.
Patents 7,189,740; 7,465,800; 7,855,217; 7,968,569; 8,404,717; 8,530,498; 8,648,095; 9,056,120; 9,101,621; 9,101,622
Attorneys Michelle E. Irwin
Firms Simmerman Law Office, PLLC
Link to Docket External link to docket
Small Molecule Drugs cited in Celgene Corporation v. Mylan Pharmaceuticals Inc.
The small molecule drug covered by the patents cited in this case is ⤷  Start Trial .

Details for Celgene Corporation v. Mylan Pharmaceuticals Inc. (N.D.W. Va. 2020)

Date Filed Document No. Description Snippet Link To Document
2020-01-03 External link to document
2020-01-02 1 Complaint (NOT for attorney use) United States Patent Nos. 7,189,740 (“the ‘740 patent”), 7,465,800 (“the ‘800 patent”), 7,855,217 (“…740 patent, the ‘800 patent, the ‘217 patent, the ‘569 patent, the ‘717 patent, the ‘498 patent, the …‘740 patent, the ‘800 patent, the ‘217 patent, the ‘569 patent, the ‘717 patent, the ‘498 patent, the…(“the ‘217 patent”), 7,968,569 (“the ‘569 patent”), 8,404,717 (“the ‘717 patent”), 8,530,498 (“the ‘498…‘498 patent”), 8,648,095 (“the ‘095 patent”), 9,056,120 (“the ‘120 patent”), 9,101,621 (“the ‘621 patent External link to document
2020-01-02 112 Amended Complaint United States Patent Nos. 7,189,740 (“the ’740 patent”), 7,465,800 (“the ’800 patent”), 7,855,217 … patent, the ’800 patent, the ’217 patent, the ’569 patent, the ’717 patent, the ’498 patent, the … of the ’740 patent, the ’800 patent, the ’217 patent, the ’569 patent, the ’717 patent, the ’498 … patent, the ’095 patent, the ’120 patent, and the ’622 patent are invalid, unenforceable, and/or …7,855,217 (“the ’217 patent”), 7,968,569 (“the ’569 patent”), 8,404,717 (“the ’717 patent”), 8,530,498 (“the External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Litigation Summary and Analysis: Celgene Corp. v. Mylan Pharmaceuticals Inc. (1:20-cv-00003)

Last updated: July 26, 2026

Executive summary: Celgene’s infringement case against Mylan in 1:20-cv-00003 is a federal Hatch-Waxman patent litigation focused on Orange Book-listed IP for Celgene’s product (the asserted patents and case posture cannot be reliably stated from the provided identifier alone). Without the complaint/docket record and asserted patent list, a complete, accurate litigation summary and infringement/validity analysis cannot be produced.

What is the litigation timeline for Celgene v. Mylan Pharmaceuticals Inc. 1:20-cv-00003?

Answer: Not determinable from the case caption/number alone.

Key docket events likely tracked in this matter

  • Complaint filing date and venue
  • Patent list in the complaint (asserted US patents)
  • Motion practice schedule (Rule 12, claim construction, summary judgment)
  • Scheduling order milestones (Markman, expert reports, trial dates)
  • Any stay events tied to PTAB (if invoked) or parallel FDA regulatory actions
  • Disposition status (dismissal, settlement, final judgment, or ongoing briefing)

Which patents were asserted in Celgene v. Mylan (1:20-cv-00003)?

Answer: Not determinable from the provided identifier alone.

What to extract from the docket to identify the asserted estate

  • Title/claims of each asserted patent
  • Patent numbers and assignees (Celgene, Bristol Myers Squibb, or others)
  • Whether patents include:
    • composition-of-matter
    • formulation
    • method-of-use
    • manufacturing method
  • Whether claims track specific dosages (tablet strength, daily regimen, formulation type)

What is Celgene’s infringement theory versus Mylan’s proposed ANDA in this case?

Answer: Not determinable from the provided identifier alone.

Typical infringement theory elements in Hatch-Waxman cases

  • Claim construction targets (what the court defines for key claim terms)
  • Mapping of Mylan’s product characteristics to each asserted claim
  • Use of ANDA drug product data (e.g., label, formulation, specs)
  • Contentions on literal infringement and/or doctrine of equivalents

How does Mylan defend against Celgene’s claims (non-infringement, invalidity, unenforceability)?

Answer: Not determinable from the provided identifier alone.

Invalidity and unenforceability themes to check

  • §102 novelty and §103 obviousness grounds
  • §112 definiteness and enablement
  • Written description / best mode (where applicable)
  • Inequitable conduct allegations (if pled)
  • Priority disputes (earlier priority date vs. prior art)
  • Prosecution history estoppel and claim scope limits

What did the court decide in the Celgene v. Mylan case (motions, claim construction, summary judgment)?

Answer: Not determinable from the provided identifier alone.

How to evaluate decision impact

  • Whether the court construed claim terms narrowly or broadly
  • Whether the court granted dispositive motions (invalidity/non-infringement)
  • Whether any claims were dropped or narrowed post-construction
  • Whether an exclusivity or FDA regulatory posture affects infringement analysis

How does this litigation affect FDA approval timelines and generic entry risk for Celgene’s product?

Answer: Not determinable from the provided identifier alone.

Entry-risk drivers to map to docket outcomes

  • Whether a Paragraph IV certification triggered the filing stay
  • Whether the case settled (and on what terms)
  • Whether a final judgment enabled earlier launch
  • Whether Mylan’s ANDA was withdrawn/amended during litigation

What settlement terms or endgame outcomes are linked to 1:20-cv-00003?

Answer: Not determinable from the provided identifier alone.

Settlement artifacts to confirm

  • Joint stipulation of dismissal with or without prejudice
  • Launch/temporary supply or “carve-out” agreements
  • Design-around commitments tied to specific claims
  • Covenant not to sue scope (patents covered, jurisdictions)

What is the Orange Book status of Celgene’s asserted product(s) in this dispute?

Answer: Not determinable from the provided identifier alone.

Orange Book mapping required for litigation alignment

  • List of patents by submission (drug and NDA reference)
  • Patent expiration dates and pediatric exclusivity-adjusted dates
  • Whether the asserted patents are listed for:
    • drug substance
    • drug product
    • method-of-use
  • Which patents correlate to each count in the complaint

How strong is Celgene’s patent estate in this specific dispute?

Answer: Not determinable from the provided identifier alone.

Strength scoring inputs that require docket-specific facts

  • Count-level validity likelihood based on prior art set
  • Claim construction outcomes
  • Evidence of commercial manufacture and infringement proof standards
  • Whether patents are formulation- or method-dependent (often more vulnerable to design-arounds)

Which competitors besides Mylan face similar Celgene patent exposure (and how do their strategies compare)?

Answer: Not determinable from the provided identifier alone.

Comparison requires verified asserted-patent and product identity

  • Other ANDA filers challenging the same Orange Book patents
  • Settlement patterns among co-litigants
  • Differences in proposed dosage form (tablet vs. oral suspension, etc.)
  • Timing of Paragraph IV notices and first generics entry

Key takeaways

Answer: A factual, litigation-ready summary cannot be generated from case number alone. Producing an accurate summary requires the complaint and docket record showing: asserted patents, asserted claims, Mylan’s ANDA/product description used for infringement contentions, the specific court decisions or settlement posture, and the resulting FDA launch constraints.

FAQs

Answer: No factual responses can be provided without the docket and complaint content for 1:20-cv-00003.

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