33 Cited authorities

Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,552 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"
Safe Air for Everyone v. Meyer
373 F.3d 1035 (9th Cir. 2004) Cited 3,253 times 1 Legal Analyses
Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
Cardinal Chem. Co. v. Morton Int'l, Inc.
508 U.S. 83 (1993) Cited 608 times 16 Legal Analyses
Holding appeal was not moot where sole issue remaining was request for declaratory relief
Kamen v. American Tel. Tel. Co.
791 F.2d 1006 (2d Cir. 1986) Cited 763 times
Holding that the district court improperly considered an attorney's affidavit where the affidavit "contain[ed] no information to indicate a basis in personal knowledge for the affiant's conclusory statement"
Beyene v. Coleman Sec. Services, Inc.
854 F.2d 1179 (9th Cir. 1988) Cited 696 times
Holding that party's failure "to lay a foundation for any exception to the hearsay rule" required that court ignore hearsay evidence on summary judgment
Sandisk v. Stmicroelectronics
480 F.3d 1372 (Fed. Cir. 2007) Cited 313 times 11 Legal Analyses
Holding that "where a patentee asserts rights under a patent based on certain identified ongoing or planned activity of another party, and where that party contends that it has the right to engage in the accused activity without license, an Article III case or controversy will arise"
Prasco, LLC v. Medicis Pharmaceutical Corp.
537 F.3d 1329 (Fed. Cir. 2008) Cited 296 times 6 Legal Analyses
Holding that one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy
Reynolds v. Army and Air Force Exchange Serv
846 F.2d 746 (Fed. Cir. 1988) Cited 459 times
Holding that "we normally consider the facts alleged in the complaint to be true and correct."
Benitec Aus. v. Nucleonics
495 F.3d 1340 (Fed. Cir. 2007) Cited 235 times 8 Legal Analyses
Holding that the possibility of future activity that would be subject to a patent infringement claim was too uncertain to create a justiciable controversy
Genentech, Inc. v. Eli Lilly & Co.
998 F.2d 931 (Fed. Cir. 1993) Cited 337 times
Holding that "the forum of the first-filed case is favored" and that such deference to the first-filed case may not be set aside absent a "sound reason that would make it unjust or inefficient to continue the first-filed action"
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,607 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 6,055 times 1055 Legal Analyses
Holding that testing is a "use"
Section 262 - Regulation of biological products
42 U.S.C. § 262 Cited 196 times 397 Legal Analyses
Providing that a license shall issue "only upon a showing" by the manufacturer

Sandoz Inc. v. Amgen Inc. et al

33 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 residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

Holding appeal was not moot where sole issue remaining was request for declaratory relief

Holding that the district court improperly considered an attorney's affidavit where the affidavit "contain[ed] no information to indicate a basis in personal knowledge for the affiant's conclusory statement"

Holding that party's failure "to lay a foundation for any exception to the hearsay rule" required that court ignore hearsay evidence on summary judgment

Holding that "where a patentee asserts rights under a patent based on certain identified ongoing or planned activity of another party, and where that party contends that it has the right to engage in the accused activity without license, an Article III case or controversy will arise"

Holding that one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy

Holding that "we normally consider the facts alleged in the complaint to be true and correct."

Holding that the possibility of future activity that would be subject to a patent infringement claim was too uncertain to create a justiciable controversy

Holding that "the forum of the first-filed case is favored" and that such deference to the first-filed case may not be set aside absent a "sound reason that would make it unjust or inefficient to continue the first-filed action"

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

Holding that testing is a "use"

Providing that a license shall issue "only upon a showing" by the manufacturer