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:

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