In re Fenofibrate Patent Litigation

OPINION

JED S. RAKOFF, District Judge.

While otherwise closing this case, this Court retained jurisdiction to determine whether it had been lied to by a representative of plaintiff Lupin Atlantis Holdings S.A. (“Lupin”). While deeply troubled by Lupin’s conduct, the Court concludes in the end that no further action is warranted.

In the underlying multi-district litigation, Lupin, the owner of the approved New Drug Application for the prescription drug Antara and the licensee of two associated U.S. patents, asserted claims that defendants Mylan Inc. and Mylan Pharmaceuticals Inc. (collectively…