Legal Opinion
Takeda Chemical Industries, Ltd. v. Watson Pharmaceuticals, Inc.
District Court, S.D. New York
Decided June 9, 2004No. 03 Civ.8254(DLC)PublishedCited by 2 opinions
1Opinion of the Court
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. For the reasons described below, the declaratory judgment claim presents a sufficiently concrete controversy to be adjudicated, and motion…
2Cases cited21 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Shipping Financial Services Corporation v. William J. Drakos, Duke Petroleum Transport Corporation and Omi Petrolink CorporationCourt of Appeals for the Second Circuit · 1998
- APWU v. PotterCourt of Appeals for the Second Circuit · 2003
- Nowak v. Ironworkers Local 6 Pension FundCourt of Appeals for the Second Circuit · 1996
16 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Takeda Chemical Industries, Ltd. v. Mylan Laboratories, Inc.District Court, S.D. New York · 2006
- The Iron Workers Local 580 Insurance Fund v. Novartis Pharmaceuticals CorporationDistrict Court, S.D. New York · 2026