Summary
recognizing that the Federal Circuit has "upheld discretionary decisions declining jurisdiction when the declaratory judgment action was duplicative of other proceedings, the party instituted an action solely to enhance its bargaining power in negotiations, or when reexamination proceedings were pending"
Summary of this case from Cepheid v. Roche Molecular Sys., Inc.Opinion
No. 2009-1593.
July 21, 2011.
Appeal from the United States District Court for the District of New Jersey in case no. 08-CV-2344, Chief Judge Garrett E. Brown, Jr.
ORDER
Upon consideration of the order of the Supreme Court of the United States in Eisai Co., Ltd., et al. v. Teva Pharmaceuticals USA, Inc. Through its Gate Pharmaceuticals Division, ___ U.S. ___, 131 S.Ct. 2991, 180 L.Ed.2d 818 (2011), vacating this court's judgment,
IT IS ORDERED THAT:
(1) The mandate of this court issued on December 13, 2010 is recalled, the appeal is reinstated, and this court's October 6, 2010 judgment is vacated.
(2) The appeal is remanded to the district court with instructions to dismiss the complaint as moot.