January - March 2009
February 2, 2009
Takeda Pharmaceutical Company Limited
Osaka, Japan, February 2, 2009 – Takeda Pharmaceutical Company Limited (“Takeda”) announced today that Takeda and its wholly owned subsidiary, Takeda Pharmaceuticals North America, Inc. received the attorney’s fees plus interest of the total amount of US$18.9 million[ * ] from Mylan Inc. (“Mylan”) and Alphapharm Pty, Ltd (“Alphapharm”).
On December 8, 2008,the U.S. Court of Appeals for the Federal Circuit (“CAFC”) affirmed the decision by the U.S. District Court for the Southern District of New York which granted Takeda’s award of attorneys’ fees against Mylan and Alphapharm Pty, arising out of Takeda’s successful enforcement of its patent covering the active ingredient in ACTOS (pioglitazone hydrochloride). Mylan and Alphapharm had filed a petition for rehearing en banc of the panel decision, which was denied by the CAFC on January 23, 2009.
[ * ] The amount of US$18.9 million consists of the US$11.4 million from Mylan, US$5.4 million from Alphapharm, and US$2.0 million interests incurred in total.