11 Cited authorities

  1. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 1,971 times   87 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"
  2. Clinton v. City of New York

    524 U.S. 417 (1998)   Cited 455 times   3 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
  3. Teva v. Novartis

    482 F.3d 1330 (Fed. Cir. 2007)   Cited 201 times   3 Legal Analyses
    Holding that foreign litigation is not dispositive of the jurisdiction analysis, but is one factor to be considered
  4. Caraco Pharm. v. Forest Lab

    527 F.3d 1278 (Fed. Cir. 2008)   Cited 118 times   10 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]"
  5. Spectronics Corp. v. H.B. Fuller Co., Inc.

    940 F.2d 631 (Fed. Cir. 1991)   Cited 155 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"
  6. Janssen Pharmaceutics v. Apotex

    540 F.3d 1353 (Fed. Cir. 2008)   Cited 51 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
  7. Dey, L.P. v. Sepracor, Inc.

    595 F. Supp. 2d 355 (D. Del. 2009)   Cited 5 times
    Denying motion to dismiss
  8. Merck Co., Inc. v. Apotex, Inc.

    488 F. Supp. 2d 418 (D. Del. 2007)   Cited 6 times   2 Legal Analyses
    Applying MedImmune standard and concluding that covenant not to sue divests court of subject matter jurisdiction
  9. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 21,872 times   58 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  10. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 5,408 times   962 Legal Analyses
    Holding that testing is a "use"
  11. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,019 times   278 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"