The legal action was not a massive gamble in my opinion..there was no other choice.
Mylan's treatment of minnow Poh has been disgraceful. Tactics straight out of the Mylan playbook and used by big pharma in the past to steal valuable University start up IP. Simply ignore, go to court.... delay,
until the minnow start up goes into administration. Any award down the track can't include lost sales because the company is out of business.
The case against Mylan will decide whether Poh can protect its IP and move into the lucrative global injectable market
and hopefully stop wasting money on gels, animal health, and patches.
Mylan have fought hard as you would expect given their shadow history of operating in tax havens ... overpricing...
colluding/ price fixing. Poh have not gone away. There are escrow monies,
and a corporate guarantee for Mylan to tap into. The seat of arbitration is a safe seat. India are a signatory of the NY Convention and our solicitors are highly experienced in wording arbitration clauses to ensure enforcement ( in the case of India it would exclude Part 1 of the Act which would prevent the award being set aside on Indian Public Policy grounds).
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