by Dennis Crouch
Mylan v. IRS, No. 22-1193, --- F.4th --- (3d Cir. July 27, 2023)
In a recent tax appeal, the Third Circuit court of appeals afformed that legal expenses incurred by generic drug makers to defend against patent infringement suits brought under the Hatch-Waxman Act are deductible as ordinary and necessary business expenses. This aligns with longstanding precedent treating patent litigation defense costs as deductible for the alleged infringer.
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