High Court Declines To Hear Teva Declaratory Judgment Case
This article was originally published in The Pink Sheet Daily
Executive Summary
The Supreme Court on Oct. 11 declined to hear Teva's appeal of a ruling on the standards for bringing a declaratory judgment action for patent noninfringement
|
The Supreme Court on Oct. 11 declined to hear Teva's appeal of a ruling on the standards for bringing a declaratory judgment action for patent noninfringement. Teva appealed the Federal Circuit's Jan. 21 ruling that the Medicare Modernization Act did not relax the requirement that an ANDA filer establish it has a "reasonable apprehension" of being sued before a court can exercise jurisdiction over a declaratory judgment action (1 (Also see "Declaratory Judgment Requirements Unchanged By Medicare Law, Court Says" - Pink Sheet, 21 Jan, 2005.)). Teva sought a judicial declaration that it did not infringe Pfizer's Zoloft (sertraline) patent. Such a finding would have triggered Ivax' 180-day exclusivity for the antidepressant. Teva announced plans to acquire Ivax in July (2 (Also see "Limited ANDA Overlap With Ivax Creates Strong Position For Part D Benefit, Teva Says" - Pink Sheet, 25 Jul, 2005.)). |