11 Cited authorities

Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,527 times 90 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
Clinton v. City of New York
524 U.S. 417 (1998) Cited 503 times 5 Legal Analyses
Holding that "the power to enact statutes may only be exercised in accord with a single, finely wrought and exhaustively considered, procedure" outlined in Article I
Teva v. Novartis
482 F.3d 1330 (Fed. Cir. 2007) Cited 217 times 3 Legal Analyses
Holding that foreign litigation is not dispositive of the jurisdiction analysis, but is one factor to be considered
Caraco Pharm. v. Forest Lab
527 F.3d 1278 (Fed. Cir. 2008) Cited 128 times 11 Legal Analyses
Holding that a declaratory judgment action as to one of the listed patents would "clear the path to FDA approval that [the NDA holder's] actions would otherwise deny [the generic pharmaceutical]"
Spectronics Corp. v. H.B. Fuller Co., Inc.
940 F.2d 631 (Fed. Cir. 1991) Cited 161 times
Affirming the district court's dismissal of an action filed by Spectronics under the Declaratory Judgment Act, 28 U.S.C. § 2201, alleging, inter alia, invalidity and non-infringement of a patent owned by Fuller because Fuller filed a covenant not to sue Spectronics for infringement of the patent at issue and therefore Fuller was "forever estopped from asserting the [patent at issue] against Spectronics"
Janssen Pharmaceutics v. Apotex
540 F.3d 1353 (Fed. Cir. 2008) Cited 55 times 8 Legal Analyses
Holding that defendant's stipulation that a patent was valid destroyed the court's jurisdiction over a declaratory action as to the patent's validity
Merck Co., Inc. v. Apotex, Inc.
488 F. Supp. 2d 418 (D. Del. 2007) Cited 7 times 2 Legal Analyses
Applying MedImmune standard and concluding that covenant not to sue divests court of subject matter jurisdiction
Dey, L.P. v. Sepracor, Inc.
595 F. Supp. 2d 355 (D. Del. 2009) Cited 5 times
Denying motion to dismiss
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,501 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,031 times 1045 Legal Analyses
Holding that testing is a "use"
Section 355 - New drugs
21 U.S.C. § 355 Cited 2,241 times 334 Legal Analyses
Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"

Genzyme Corporation v. Sandoz, Inc.

11 Cited authorities

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Holding that "the power to enact statutes may only be exercised in accord with a single, finely wrought and exhaustively considered, procedure" outlined in Article I

Holding that foreign litigation is not dispositive of the jurisdiction analysis, but is one factor to be considered

Holding that a declaratory judgment action as to one of the listed patents would "clear the path to FDA approval that [the NDA holder's] actions would otherwise deny [the generic pharmaceutical]"

Holding that defendant's stipulation that a patent was valid destroyed the court's jurisdiction over a declaratory action as to the patent's validity

Applying MedImmune standard and concluding that covenant not to sue divests court of subject matter jurisdiction

Denying motion to dismiss

Granting district courts the authority to create a remedy with the force of a final judgment

Holding that testing is a "use"

Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"