Declaratory Judgment Requirements Unchanged By Medicare Law, Court Says
This article was originally published in The Pink Sheet Daily
Executive Summary
A divided federal appeals court says the Waxman/Hatch reforms did not lift the requirement that an ANDA filer bringing a declaratory judgment demonstrate a “reasonable apprehension” of being sued for infringement. The ruling comes in a dispute between Teva and Pfizer over a Zoloft patent.
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