Fed. Circ. Clarifies MedImmune Decision

Law360, New York (August 18, 2008, 12:00 AM EDT) -- A federal appeals court ruled Friday that marking products with their applicable patents does not create enough "controversy" under Article III of the U.S. Constitution to sustain a declaratory judgment suit, upholding the dismissal of a complaint filed against Medicis Pharmaceutical Corp. by a generics manufacturer seeking a noninfringement ruling.

Judge Arthur J. Gajarsa, writing for the U.S. Court of Appeals for the Federal Circuit, found that Prasco LLC's claims trying to prevent an infringement suit over its generic benzoyl peroxide cleansing product did not meet...
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