Judge Stark adopts Report and Recommendation regarding personal jurisdiction of ANDA defendant

Chief Judge Leonard P. Stark has adopted Magistrate Judge Burke’s Report and Recommendation in Forest Laboratories, Inc., et al. v. Amneal Pharmaceuticals, C.A. No. 14-508-LPS, in which Judge Burke denied defendant Mylan’s motion to dismiss for lack of personal jurisdiction.  As observed in the Order, two recent decisions regarding similar issues of personal jurisdiction over Mylan – Acorda and AstraZeneca were certified for interlocutory appeal before the Federal Circuit and the Federal Circuit has granted Mylan permission to appeal these decisions.  Memorandum Order at 2 (D. Del. Mar. 30, 2015).  Per this Order, either party may similarly file a motion to certify for interlocutory appeal.

The Court reviewed the motion de novo, explaining that “[g]iven the detailed reasoning provided in the Report, as well as the lengthy discussion of the jurisdictional issues in Acorda, and further given that Mylan has in the instant case raised no arguments that are not adequately addressed in Judge Burke’s report and/or Acorda, the Court finds it unnecessary to address Mylan’s Motion to Dismiss or its Objections any further.”  Id. at 3.


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