United States Federal Circuit

In an action arising from alleged infringement of plaintiff's patent for the drug Risperdal, dismissal of defendant's counterclaims for lack of subject-matter jurisdiction is affirmed where no actual and continuing injuries to defendant existed regarding: 1) its ability to promptly launch its generic risperidone product and compete in the market immediately upon the expiration of plaintiff's patent; 2) delay of approval of its noninfringing generic risperidone product; and 3) patent uncertainty resulting from the coverage of a covenant-not-to-sue.

Appellate Information

• Decided 09/04/2008
• Published 09/04/2008

Judges

• MOORE, Circuit Judge., Before MICHEL, Chief Judge, RADER and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Scott B. Howard, Patterson Belknap Webb & Tyler LLP, of New York, NY, argued for plaintiffs-appellees.   With him on the brief were Gregory L. Diskant and Irena Royzman., Amy D. Brody, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for defendant-appellant.   With her on the brief were William A. Rakoczy, Christine J. Siwik, and Robert M. Teigen.   Of counsel on the brief was Shashank Upadhye, Apotex, Inc., of Weston, Ontario, Canada.