United States Federal Circuit

In an action by a second generic drug maker seeking a declaratory judgment that its product did not infringe a patent, and that the patent was invalid, the district court's judgment of noninfringment is affirmed, where an "actual controversy" existed that was sufficient to sustain federal jurisdiction under the Declaratory Judgment Act, since: 1) declaratory judgment jurisdiction existed when the plaintiff first brought the action; and 2) the district court would not lose jurisdiction simply because the period of possible first generic market entry arrived.

Appellate Information

• Decided 04/16/2012
• Published 04/16/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Leff, Eric W. Dittmann