United States Federal Circuit

Because 21 US 337(a) limits the ability to seek "delisting" as a form of relief to those actions "by and in the name of the United States", a private party may not bring a declaratory relief action under the patent laws.

Appellate Information

• Decided 10/12/2001
• Published 10/12/2001

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, NEWMAN and MICHEL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard A. Samp, Washington, Legal Foundation, of Washington, DC, for amicus curiae Washington Legal Foundation.   With him on the brief was Daniel J. Popeo.


• For Appellees:
  
• E. Anthony Figg,Rothwell, Figg, Ernst & Manbeck, P.C. of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Steven M. Lieberman and Elizabeth A. Leff., Howard S. Scher, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  and Douglas N. Letter, Attorney.   Of counsel on the brief were Michael M. Landa, Acting Chief Counsel;  and Kevin M. Fain, Associate Chief Counsel, Office of the Chief Counsel, U.S. Food and Drug Administration, of Rockville, MD., Evan R. Chesler, Cravath, Swaine & Moore, of New York, NY, argued for defendant-appellant.   With him on the brief was Richard J. Stark. Of counsel were David R. Marriott, Swaine & Moore;  and Mathew D. Peterson, FoxKiser, of Washington, DC.