Federal Circuit: Mylan v. Janssen

 

As the general statutory grant of jurisdiction to review decisions is modified by a specific provision making the refusal to institute IPR nonreviewable, courts have no jurisdiction over the Director's delegated decision not to institute proceedings.  Since the APA does not in itself create jurisdiction, an administrative challenge is similarly unavailable.

Even though Mandamus challenging the proceeding only runs from the Federal Circuit, as the sole court with sufficient prospective jurisdiction, as there is neither a clear and undisputable right to relief nor a colorable constitutional claim, nor historical precedent sufficient to justify a Due Process claim, the writ is unavailable here.


Mylan v. Janssen