Tag Archives: Declaratory Judgment

Supreme Court Lays Burden Of Proof On Patentee, Even In Declaratory Judgment Action

In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a licensee. In reaching its decision, the Court dismissed concerns that it would skew the balance of power between patent holder and licensee, noting … Continue reading this entry

Monsanto Avoids Declaratory Judgment Action Brought By Organic Farmers

In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from asserting its patents against these farmers for inadvertent infringement that results in the production, use, or sale of only trace amounts of … Continue reading this entry

Federal Circuit Upholds Declaratory Judgment Jurisdiction Over Subsequent ANDA Litigation

In Dey Pharma, LP v. Sunovion Pharmaceuticals, Inc., the Federal Circuit affirmed the district court’s determination that it could exercise jurisdiction over a declaratory judgment action brought by a subsequent ANDA filer. This case follows earlier decisions in Teva Pharmaceuticals USA, Inc. v. Eisai Co., Ltd., Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. and Janssen … Continue reading this entry

Federal Circuit Looks At Requirements For Declaratory Judgment Jurisdiction

In 3M Co. v. Avery Dennison Corp., the Federal Circuit vacated and remanded the district court’s decision to dismiss 3M’s declaratory judgment action for lack of jurisdiction. Although the Federal Circuit did not render a decision in this case, its analysis sheds light on a scenario that might support declaratory judgment jurisdiction.… Continue reading this entry

The Federal Circuit Solidifies The Future For Subsequent ANDA Litigation

In Teva Pharmaceuticals USA, Inc. v. Eisai Co., Ltd., the Federal Circuit addressed complicated subject matter jurisdiction issues in the context of a declaratory judgment (DJ) action that was brought in accordance with the Hatch-Waxman Act by a subsequent ANDA filer. The court determined that the DJ action should proceed, even though the patent owner could not have brought an … Continue reading this entry