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Janssen Pharaceutica, N.V. v. Apotex, Inc. (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Over the past year, the Federal Circuit has addressed on many occasions the scope of the "case or controversy" requirement for a court to have jurisdiction under Article III of the Constitution. Several of these decisions have been directed to the proper jurisdictional scope of declaratory judgment actions filed in ANDA cases, where a generic drug company has filed its ANDA on a drug having at least one patent listed by the innovator in the FDA Orange Book. These cases include Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc., Prasco, LLC v. Medicis Pharmaceutical Corp.,...

Full post as published by Patent Docs on September 11, 2008 (boomark / email).