A Delaware federal judge has ruled the court has jurisdiction over Mylan Pharmaceuticals in ANDA litigation filed against the company for seeking FDA approval of a generic medicine to treat multiple sclerosis.
U.S. District Chief Judge Leonard P. Stark of the District of Delaware acknowledged Mylan’s argument that the U.S. Supreme Court’s 2014 ruling in Daimler AG v. Bauman limited the court’s ability to exercise general personal jurisdiction over Mylan on the basis a company is “at home” in Delaware. But he said Mylan, a West Virginia company, consented to personal jurisdiction in the state when it registered to do business in Delaware and appointed an agent for service of process in Delaware.
