TAKEDA CHEMICAL INDUST., LTD. v. WATSON PHARMACEUTICALS, INC.

No. 03 Civ.8254(DLC).

329 F.Supp.2d 394 (2004)

TAKEDA CHEMICAL INDUSTRIES, LTD. and Takeda Pharmaceuticals, North America, Inc., Plaintiffs, v. WATSON PHARMACEUTICALS, INC., Watson Pharma, Inc., and Danbury Pharmacal, Inc., Defendants.

United States District Court, S.D. New York.

June 9, 2004.


Attorney(s) appearing for the Case

Anthony J. Viola, Edwards & Angell, LLP, New York City, David G. Conlin, Barbara L. Moore, Edwards & Angell, LLP, Boston, MA, for Plaintiffs.

Edward F. Maluf, Piper Rudnick LLP, New York City, Robert F. Green, Steven H. Sklar, Leydig, Voit & Mayer, Ltd., Chicago, IL, for Defendants.


OPINION AND ORDER

COTE, District Judge.

This Opinion addresses the justiciability of a declaratory judgment claim that a generic drug applicant is preparing to induce the infringement of method of use patents. The method of use patents protect the use of the drug pioglitazone in combination with other drug therapies. The defendant is currently seeking approval from the FDA to market its generic pharmaceutical for use alone, or in what is called monotherapy...

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