Mylan Pharmaceuticals Inc. told a federal judge in Pennsylvania Thursday that it would urge the Third Circuit to overturn his ruling that tossed the generic-drug maker’s allegations that Warner Chilcott PLC tried to block generic competition for its acne medication Doryx by tweaking its formula.

Mylan filed a notice that it would appeal U.S. District Judge Paul S. Diamond's April decision to grant Warner Chilcott’s summary judgment motion, which brought an end to litigation that had once included putative classes of direct and indirect purchasers along with retailers. The purchasers had settled for a combined $23 million last year, and the retailers settled for a “modest” amount, according to the ruling.

The judge ultimately tossed Mylan's claims after finding that any damage Mylan suffered was because of its own business strategy. Mylan had accused Warner Chilcott of “product-hopping,” or making modest changes to Doryx's formulation with little or no therapeutic value as a way of thwarting competition from potential generics.

Warner is represented by J. Mark Gidley, Peter J. Carney, Jack E. Pace III, Eileen M. Cole, Jaime M. Crowe and Michael J. Gallagher of White & Case LLP and Edward D. Rogers of Ballard Spahr LLP.


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