January 21, 2005
The "Medicare Amendments" Do Not Alter the Traditional Two-Part Test for Evaluating Declaratory Judgment Jurisdiction in Hatch-Waxman Patent Litigation
Arnold & Porter Advisory
On January 21, 2005, the Federal Circuit issued its decision in Teva Pharmaceuticals USA, Inc. v. Pfizer Inc., Appeal No. 04-1186, slip op., a closely-watched case that provides important guidance on the prerequisites for a declaratory judgment action in the context of Hatch-Waxman litigation. This decision can be found at: http://www.fedcir.gov/opinions/04-1186.pdf.
