United States Federal Circuit
Teva Pharm., USA, Inc. v. Eisai Co. Ltd., 09-1593
In an action for a declaratory judgment brought by Teva Pharmaceuticals, Inc. (Teva), that its generic version of the drug donepezil does not infringe four of defendant's Orange Book patents for use in treating Alzheimer's disease, district court's judgment dismissing the case for lack of jurisdiction is reversed and remanded as Teva has alleged a sufficiently concrete injury fairly traceable to defendant's actions, and the injury can be addressed by the requested relief where a declaratory judgment of noninfringement would trigger the first-filer's exclusivity period, which currently blocks FDA approval of the Gate ANDA.
Appellate Information
- Decided 10/06/2010
- Published 10/06/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Francis C. Lynch, Bruce M. Wexler