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Federal Circuit Finds Declaratory Judgment Jurisdiction Despite Covenant Not to Sue

By Aaron Barkoff

Caraco Pharm. Labs. v. Forest Labs. et al., No. 2007-1404 (Fed. Cir. 2008)

Caraco filed an ANDA with paragraph IV certifications to Forest Labs' U.S. Patent Nos. RE 34,712 and 6,916,941.  Forest sued Caraco on the '712 patent and granted Caraco a covenant not to sue on the '941 patent.  Caraco filed a declaratory judgment complaint on the '941 patent, which was dismissed by the district court.  Today, the Federal Circuit reversed that decision, finding a "case or controversy" notwithstanding the covenant not to sue.

http://www.cafc.uscourts.gov/opinions/07-1404.pdf

More later..

Full post as published by Orange Book Blog: At the Intersection of Patent Law and FDA Law on April 01, 2008 (boomark / email).