United States Federal Circuit

In a patent infringement action involving patented methods for using the cholesterol-lowering drug rosuvastatin calcium, the district court's dismissal of the infringement claims is affirmed, where: 1) the district court erred in part by concluding that the plaintiffs' failure to state a cognizable claim under 35 USC section 271(e)(2) defeated its jurisdiction; but 2) the plaintiff failed to state a claim under 35 USC section 271(e)(2) based on the appellees' existing Abbreviated New Drug Applications filings, and 3) the plaintiffs' claims premised on presumed future labeling amendments were not ripe for adjudication.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

• Lourie

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mary W. Bourke, Shane A. Brunner