District Court Finds Jurisdiction For Declaratory Judgment Action Involving Disclaimed Patent

Jurisdiction, Trigger

The Eastern District of Virginia recently allowed a subsequent ANDA filer to proceed with a declaratory judgment action seeking a declaration of unenforceability of a patent that remained listed in the Orange Book after the patentee disclaimed it and requested its delisting from the Orange Book. Glenmark Generics Ltd. v. Ferring B.V., Civ. No. 3:14-CV-422-HEH…

Generic’s Counterclaims for Non-Infringement are Proper Despite Covenant Not to Sue From Brand

CNS, Counterclaims, Covenant, Exclusivity, Forfeiture, Jurisdiction, Non-infringement, Trigger

On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic drug company who is not a first-filer has standing to assert a counterclaim for non-infringement despite the issuance…