Tax Court Finds Legal Fees Incurred in Defending Hatch-Waxman Lawsuits are Deductible Expenses
By EsqSocial Corporation 04/05/21
On April 27, 2021, the U.S. Tax Court issued its decision in Mylan, Inc. v. Comm’r of Internal Revenue regarding which legal fees that a generic-drug manufacturer incurs in connection with its Abbreviated New Drug Application (“ANDA”) constitute tax-deductible expenses. Mylan, Inc. v. Comm’r of Internal Revenue, Case No. 26976-16, 156 T.C. No. 10 (T.C. Apr. 27, 2021). The court held that Mylan’s legal fees for defending itself against patent infringement suits brought under 35 U.S.C. § 271(e)(2)...
By: Locke Lord LLP