Judge Robinson Denies Motion to Dismiss for Lack of Personal Jurisdiction

September 1, 2016

Publication| Intellectual Property

In Pfizer Inc., et al. v. Mylan Inc., et al., C.A. No. 15-960-SLR (D. Del. Aug. 12, 2016), Judge Robinson denied the defendants’ motion to dismiss for lack of personal jurisdiction as to defendants Mylan Pharmaceuticals (“MPI”) and Mylan Laboratories Ltd. (“MLL”) and denied the motion to dismiss without prejudice for improper venue and failure to state a claim. Judge Robinson granted the plaintiffs’ request for jurisdictional discovery as to defendants Mylan Inc. and Mylan N.V. in light of the plaintiffs’ claims that the two defendants were subject to personal jurisdiction under an agency theory.

Judge Robinson concluded that MLL was subject to the specific jurisdiction of the Court because MLL’s ANDA filings demonstrated formal acts that were part of a plan to market the generic drug at issue throughout the United States. Therefore, while MLL had not yet made any directed efforts towards marketing its product in Delaware, MLL would engage in marketing in the state if the new drug application was in fact approved. Due to the close connection between the companies and the control that MPI asserted over MLL, the Court imputed MLL’s jurisdictional contacts to MPI, subjecting MPI to specific jurisdiction as well.

While the plaintiffs did not produce as much evidence to support an agency theory of jurisdiction between Mylan Inc. and Mylan N.V., the Court recognized that additional information related to the companies’ relationship may provide the necessary proof. As such, Judge Robinson granted jurisdictional discovery to the plaintiffs in order to determine whether an agency relationship existed between Mylan Inc., Mylan N.V., and MLL. In light of her conclusions regarding personal jurisdiction, Judge Robinson also denied the plaintiffs’ motion to dismiss without prejudice for improper venue and failure to state a claim.

Key Points: Filing an ANDA as part of a plan to market a generic drug nationally may subject the ANDA filer to specific jurisdiction in the District of Delaware.

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