Federal Circuit Holds Generic’s Hatch-Waxman Litigation Expenses Deductible
By EsqSocial Corporation 17/04/25
A March 21 Federal Circuit decision in Actavis Laboratories FL, Inc. v. United States, No. 23-1320 (Fed. Cir. Mar. 21, 2025) marked a victory for generic drug developers, affirming that legal expenses incurred defending Hatch-Waxman suits are tax-deductible as ordinary and necessary business expenses. The Federal Circuit’s ruling provides potentially significant tax benefits to Hatch-Waxman defendants and clarifies that they can deduct litigation expenses to the same extent as other patent...
By: Axinn, Veltrop & Harkrider LLP