Mylan's Misappropriation Did Not Include Advertising Idea Misuse

Mylan Lab. Inc., Mylan Pharm. Inc., et al. v. American Motors Ins. Co., Cir. Ct. of Monongalia County, West Virginia, Civil Action No. 07-C-69 (February 8, 2008). West Virginia, rather than Pennsylvania law applicable because that was where the alleged conduct generating purported violations of anti-trust law emanated from due to the scheme to monopolize the supply of ingredients for Lorazepam and Clorazetate pharmaceutical products. Also at stake was the issue of whether the average wholesale price litigation against the number of pharmaceutical companies including Mylan, fell within the policy's coverage for misappropriation of advertising ideas where allegations about marketing the spread were alleged as a form of unfair competition/false advertising. The court suggested that misappropriation of advertising ideas is limited to the wrongful taking of an idea about the solicitation of a businesses' customers, rather than encompassing forms of misuse of advertising ideas which could encompass forms of false advertising there at issue.