Tax Court Allows Mylan to Deduct Patent Suit Legal Fees

The United States Tax Court on April 27, 2021, ruled that Mylan Inc. could deduct the legal fees it incurred in defending itself against patent infringement claims made by other drug manufacturers while pursuing generic pharmaceutical drug applications. Normally, expenses incurred in the generic drug approval process are capitalized over multiple years, pursuant to Section 263(a) of the Internal Revenue Code of 1986, as amended (Code). Capitalized expenses under Section 263(a) must be amortized...
By: Arent Fox

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