Zoloft Patent Dispute: FTC Wants Teva’s Declaratory Judgment Case Against Pfizer Restored
This article was originally published in The Pink Sheet Daily
Executive Summary
The case could create “the first appellate precedent regarding whether there is a justiciable ‘controversy’” when a subsequent ANDA filer sues a brand manufacturer for a declaratory judgment on noninfringement, the commission says in an amicus brief in support of Teva.
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Federal Circuit panel's decision requiring Teva to establish a "reasonable apprehension" of being sued by Pfizer ignores Waxman/Hatch's recognition that generic firms may overcome ANDA approval "bottlenecks" by obtaining a court decision, Federal Trade Commission says in an amicus brief.
FTC Seeks Appeals Court Rehearing Of Zoloft Declaratory Judgment Case
Federal Circuit panel's decision requiring Teva to establish a "reasonable apprehension" of being sued by Pfizer ignores Waxman/Hatch's recognition that generic firms may overcome ANDA approval "bottlenecks" by obtaining a court decision, Federal Trade Commission says in an amicus brief.
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