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IP Updates

Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp.

January 20, 2009

IP Updates

Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp.

January 20, 2009

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Case Summary

Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp., 482 F.3d 1330 (Fed. Cir. 2007)

      The Federal Circuit reverses dismissal of declaratory judgment action, again relying on the Supreme Court’s decision in

MedImmune v. Genentech

      , 127 S.Ct. 764 (2007). The Federal Circuit analyzed

MedImmune

      and announced that it would be applying an “all the circumstances” standard to find an injury-in-fact for declaratory judgment jurisdiction (rather than its former two-part test). The Federal Circuit found that Teva had shown an actual controversy under the Declaratory Judgment Act, 28 U.S.C. § 2201(a).

 

In his concurrence, Senior Judge Friedman indicated that “[i]n these unusual circumstances, where the Supreme Court went out of its way to state its disagreement with our ‘reasonable apprehension of imminent suit’ test, which was not an issue in the case before it, it appears incumbent on us to stop using that test and hereinafter to apply the general declaratory judgment standards that the Supreme Court applied in MedImmune.” 482 F.3d at 1347.

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