Here Comes The Tidal Wave Of Generic DJ Actions

Law360, New York (April 3, 2008, 12:00 AM EDT) -- In yet another decision that will dramatically alter the landscape in the pharmaceutical industry, the Federal Circuit decided on Tuesday, in Caraco Pharm. Labs. Ltd. v. Forest Labs. Inc. (No. 2007-1404), that a generic drug applicant could bring a declaratory judgment action to challenge a brand company’s patent even after the brand company granted a covenant not to sue.

Specifically, the court determined that an actual and justiciable controversy existed as to Caraco’s right to come to market because Forest’s patent was listed in the Orange...
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