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: Orange Book Blog: At the Intersection of Patent Law and FDA Law

Declaratory Judgment Jurisdiction for Subsequent Paragraph IV Filers

By Aaron Barkoff

Teva Pharms. USA v. Eisai et al., No. 2009-1593 (Fed. Cir. 2010) In a 3-0 decision last week, the Federal Circuit held that Teva has standing to challenge four of Eisai's Orange Book-listed patents on Aricept (donepezil)--notwithstanding that Eisai statutorily disclaimed two of the patents and granted Teva covenants not to sue on the others.  The Federal Circuit essentially decided that the facts of this case were more like those in Caraco v. Forest, where the court determined the read more

Full post as published by Orange Book Blog: At the Intersection of Patent Law and FDA Law on October 12, 2010 (boomark / email).