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Expert Analysis

Teva v. Novartis: Post-MedImmune Declaratory Judgment

Law360 (April 25, 2007, 12:00 AM EDT) -- On March 30, 2007 the Federal Circuit decided a case that may have significant impact on litigation in the pharmaceutical industry. In Teva Phamaceuticals USA Inc., v. Novartis Pharmaceuticals Corp., 2007 U.S. App. Lexis 7383 (Fed. Cir. 2007), the Federal Circuit reversed the district court's dismissal of Teva's suit seeking a declaration that its generic famciclovir product did not infringe several of Novartis' patents relating to Famvir®. This holding represents yet another significant departure from prior Federal Circuit case law in the area of declaratory judgment (DJ) standing....

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