Apotex, Inc. v. Daiichi Sankyo, Inc.

TARANTO, Circuit Judge.

Apotex, Inc. brought this action against Daiichi Sankyo Co., Ltd. and Daiichi Sank-yo, Inc. (collectively, Daiichi) to obtain a declaratory judgment that Apotex will not infringe a patent owned but disclaimed by Daiichi if Apotex manufactures or sells a generic drug bioequivalent to Daiichi’s Be-nicar®. Apotex cannot infringe the patent, because Daiichi has disclaimed it, but Apotex nevertheless claims a concrete interest in obtaining a judgment of non-infringement for its generic drug because such a judgment would enable Apotex to receive marketing approval from the…