Legal Opinion
Apotex Inc. v. Sanofi-Synthelabo
District Court, S.D. New York
Decided September 12, 2005No. 05 CIV. 3965(SHS)PublishedCited by 2 opinions
1Opinion of the Court
ORDER
STEIN, District Judge.
Plaintiffs Apotex, Inc. and Apotex Corp. (collectively “Apotex”) bring this litigation pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202, seeking a declaration that U.S. Patent No. 4,847,265 (the “ ’265 patent”) is invalid because the named inventors, defendants’ patent agents, and an unnamed inventor intentionally withheld or omitted material information during the prosecution of the patent before the U.S. Patent and Trademark Office. Defendants have moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below,…
2Cases cited6 opinions
- Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
- Dow Jones & Company, Inc. v. Harrods Limited, and Mohamed Al FayedCourt of Appeals for the Second Circuit · 2003
- Farrell Lines Inc. v. Columbus Cello-Poly Corp.District Court, S.D. New York · 1997
- Great American Insurance v. Houston General InsuranceDistrict Court, S.D. New York · 1990
- Glitsch, Inc. (Now Known as Tray, Inc.) v. Koch Engineering Company, Inc. And Sulzer Brothers LimitedCourt of Appeals for the Federal Circuit · 2000
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3Cited by2 opinions
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