Teva Pharmaceuticals USA, Inc. v. Abbott Laboratories

MEMORANDUM OPINION AND ORDER

LEFKOW, District Judge.

Plaintiff, Teva Pharmaceuticals USA, Inc. (“Teva”), filed this action seeking a declaratory judgment that United States Patent Nos. 5,844,105 (“the 105 patent”), 5,945,405 (“the ’405 patent”), and 5,858,986 (“the ’986 patent”) held by defendant, Abbott Laboratories (“Abbott”), are invalid and would not be infringed if Teva commercially marketed a generic version of Abbott’s antibiotic BIAXIN. Before the court is Abbott’s Motion to Dismiss for Lack of Subject Matter Jurisdiction, claiming that no case or controversy existed at the time Teva…