United States Federal Circuit

Dismissal of a pharmaceutical company's declaratory judgment action against Novartis is reversed pursuant to the Supreme Court's recent decision in MedImmune, Inc. v. Genentech, Inc., 127 S. Ct. 764 (2007), which found that the circuit court's declaratory judgment test for non-infringement or invalidity conflicted with its precedent.

Appellate Information

• Decided 03/30/2007
• Published 03/30/2007

Judges

• GAJARSA, Circuit Judge., Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Henry C. Dinger, Goodwin Procter LLP, of Boston, Massachusetts, argued for plaintiff-appellant.   With him on the brief were Shepard M. Remis and Roland H. Schwillinski.   Of counsel on the brief were Allyn Z. Lite and Michael E. Patunas, of Lite Depalma Greenberg & Rivas, LLC, of Newark, New Jersey.


• For Appellees:
  
• Hugh C. Barrett, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for defendants-appellees.   With him on the brief were Robert L. Baechtold, Nicholas N. Kallas, and Simon D. Roberts.