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TEVA PHARMACEUTICALS USA, INC. v. EISAI CO., LTD.

No. 2009-1593.

620 F.3d 1341 (2010)

TEVA PHARMACEUTICALS USA, INC., Through Its Gate Pharmaceuticals Division, Plaintiff-Appellant, v. EISAI CO., LTD. and Eisai Medical Research, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 6, 2010.

Attorney(s) appearing for the Case

Francis C. Lynch , Goodwin Proctor LLP, of Boston, MA, argued for plaintiff-appellant. With him on the brief were Henry C. Dinger and Laurie S. Gill.

Bruce M. Wexler , Paul, Hastings, Janofsky & Walker LLP, of New York, NY, argued for defendants-appellees. With him on the brief were Joseph M. O'Malley, Jr. and Anthony Michael; and Stephen B. Kinnaird, of Washington, DC.

Before RADER, Chief Judge, DYK and PROST, Circuit Judges.

PROST, Circuit Judge.

This is a declaratory judgment action arising under the Hatch-Waxman Act. We must decide whether the district court properly dismissed the case for lack of jurisdiction, specifically, lack of a justiciable controversy under Article III of the United States Constitution.

Teva Pharmaceuticals, Inc. ("Teva") seeks to manufacture and market a generic version of the drug donepezil hydrochloride ...

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