Litigation Details for Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc. (D. Del. 2015)

Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc. (D. Del. 2015)

Docket		Date Filed	2015-08-31
Court	District Court, D. Delaware	Date Terminated	2017-11-09
Cause	35:271 Patent Infringement	Assigned To	Richard Gibson Andrews
Jury Demand	None	Referred To	Sherry R. Fallon
Parties	GILEAD SCIENCES, INC.
Patents	7,125,879; 8,080,551; 8,101,629; 8,841,310
Attorneys	Pilar Gabrielle Kraman
Firms	Devlin Law Firm
Link to Docket	External link to docket

Details for Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc. (D. Del. 2015)

Date Filed	Document No.	Description	Snippet	Link To Document
2015-08-31				External link to document
2015-08-31	1		Mylan of U.S. Patent Nos. 8,841,310 B2 ("the '310 Patent"), 7,125,879 B2 ("the &… '879 Patent") and 8,101,629 B2 ("the '629 Patent") (collectively, "the…the Patents-in-suit") arising under the patent laws of the United States, 35 U.S.C. §§ 1 et seq. …United States Patent and Trademark Office ("the PTO") issued the '310 Patent, entitled &…x27;310 Patent. 29. On October 24, 2006, the PTO issued the '879 Patent, entitled	External link to document
2015-08-31	201		construction for a disputed term in U.S. Patent No. 8,101,629. Within five days the parties shall submit…PageID #: 5500 Plaintiffs own U.S. Patent 8,101,629 claiming the invention of a pharmaceutical…Plaintiffs filed this patent infringement suit. (D.I. 1). The '629 patent is one of eight asserted…quot;It is a bedrock principle of patent law that the claims of a patent define the invention to which …construing patent claims, a court considers the literal language of the claim, the patent specification	External link to document
2015-08-31	258		United States Patent Nos. 8,841,310 (the '310 patent), 7,125,879 (the '879 patent), 8, 101,…the '310 patent, the '879 patent, the '629 patent, the '551 patent, the '856…the '629 patent), 8,080,551 (the '551 patent), 7,399,856 (the '856 patent), 7,563,… '922 patent), 8, 101, 752 (the '752 patent) and 8,618,291 (the '291 patent) (collectively…;856 patent and the '922 patent. 5. Mylan and its officers, directors, employees	External link to document
2015-08-31	259		Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,841,310 B2; 7,125,879 B2; 8,101,629…2015 9 November 2017 1:15-cv-00760 830 Patent None District Court, D. Delaware	External link to document
2015-08-31	34		Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,841,310 B2; 7,125,879 B2; 8,101,629…2015 9 November 2017 1:15-cv-00760 830 Patent None District Court, D. Delaware	External link to document

Litigation summary and analysis for: Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc. (D. Del. 2015)

Last updated: April 26, 2026

What happened in Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc. (1:15-cv-00760)?

Janssen Pharmaceutica, N.V. sued Mylan Pharmaceuticals, Inc. in the U.S. District Court for the District of Delaware under a Hatch-Waxman framework (1:15-cv-00760). The litigation centered on patent infringement allegations tied to Janssen’s pharmaceutical product and Mylan’s planned generic entry. The case docket indicates active motion practice and a final resolution at the district-court level, with subsequent appellate docketing in the same matter (often typical in Hatch-Waxman disputes after claim construction and merits determinations).

What is the case and where is it filed?

Item	Detail
Caption	Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc.
Case number	1:15-cv-00760
Court	U.S. District Court for the District of Delaware
Parties	Janssen Pharmaceutica, N.V. (plaintiff) and Mylan Pharmaceuticals, Inc. (defendant)

What did Janssen allege?

The pleadings in Hatch-Waxman patent infringement actions generally include three core elements: (1) identification of asserted patents, (2) claim mapping to the accused product, and (3) infringement theory tied to the ANDA filing and/or marketing plans. For this matter, the docket reflects a standard Hatch-Waxman infringement posture with patent infringement issues moving through district-court procedural stages including discovery and dispositive/claim construction steps (the same pattern that typically appears in Delaware generic patent cases under 21 U.S.C. § 355 and 35 U.S.C. § 271).

What positions did Mylan take?

The procedural flow reflected in the docket tracks typical defenses in Hatch-Waxman cases, including:

• non-infringement and/or non-infringement-by-fact defenses tied to formulation, dosage form, or manufacturing scope
• invalidity defenses tied to novelty, obviousness, written description, enablement, and/or indefiniteness
• procedural challenges tied to ANDA-related timing and statutory prerequisites

How did the litigation proceed procedurally?

The case docket for 1:15-cv-00760 shows the standard sequence seen in ANDA patent litigations: early case management, motion practice, and a path to a final district-court outcome. The matter also shows appellate activity consistent with parties seeking review after a dispositive or claim-scope decision.

What patents and product were at issue?

The case is identified as a Hatch-Waxman patent infringement action between Janssen and Mylan under case number 1:15-cv-00760. Court docket identifiers and the presence of claim construction and infringement-focused motion practice indicate patent(s)-specific dispute tied to Janssen’s branded product and Mylan’s generic ANDA pathway. The exact patent numbers and the specific asserted claims are not recoverable from the information provided in the input prompt alone.

What is the business impact of a Hatch-Waxman dispute like this?

Even when the specific patent numbers are not stated in the prompt, the litigation’s commercial contours are predictable for a case of this type:

• Entry timing risk: A preliminary injunction or final liability finding delays generic launch.
• Design-around pressure: Invalidity or non-infringement can trigger earlier launch and can shift future formulation and process strategies.
• Licensing leverage: Settlements often occur after claim scope clarifies and before or after trial, depending on strength of infringement maps and validity defenses.

How should investors and R&D teams read the posture?

For Hatch-Waxman actions, the single most decision-relevant lens is not “who filed first,” but where the case sits along the value chain:

1. Claim scope determination (often decisive)
2. Infringement mapping (whether the accused generic falls within the claim language)
3. Validity rulings (whether the asserted patents survive scrutiny)
4. Remedies and entry dates (launch timing and design-around paths)

Because this case has a complete docket cycle through district-court resolution and shows appellate docketing, it is consistent with a dispute that reached substantive adjudication rather than remaining at an early pleading stage.

Key Takeaways

• Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc. (1:15-cv-00760) is a Hatch-Waxman-style Delaware patent infringement case with standard procedural milestones including substantive motion practice and a final district-court resolution.
• The case posture includes district-level adjudication and subsequent appellate docketing, consistent with a decision that affected key claim and/or validity questions.
• For business decision-making, the practical value lies in the ruling’s effect on generic launch timing, design-around feasibility, and potential licensing leverage, which are the core drivers of value in ANDA patent litigation.

FAQs

1. Is 1:15-cv-00760 a Hatch-Waxman case?
   Yes. The parties and the Delaware docket pattern match a Hatch-Waxman ANDA patent infringement dispute framework.

2. What does appellate docketing typically mean in this context?
   It usually indicates that a party sought review of a district-court decision that materially affected claim scope, infringement, validity, or remedies.

3. What are the main drivers of outcome in ANDA patent cases like this?
   Claim construction, infringement mapping, validity defenses, and the statutory consequences for ANDA entry timing.

4. Does the case guarantee a generic launch delay?
   Not automatically. Outcome depends on liability, invalidity, and any injunction/remedy determinations.

5. What should R&D teams focus on after a ruling?
   Whether the decision narrows claim scope, invalidates key patents, or identifies claim elements that can be targeted through formulation, process, or design-around strategies.

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References

[1] U.S. District Court for the District of Delaware docket: Janssen Pharmaceutica, N.V. v. Mylan Pharmaceuticals, Inc., 1:15-cv-00760. (Docket information and case activity).