Apotex, Inc. v. Pfizer Inc.

MEMORANDUM DECISION

CHIN, District Judge.

In this patent case, plaintiffs Apotex, Inc. and Apotex Corp. (together, “Apotex”) bring a declaratory judgment action for a determination that their generic drug does not infringe U.S. Patent No. 5,248,699 (“the ’699 patent”), held by defendant Pfizer Inc. (“Pfizer”). Pfizer moves to dismiss the action, arguing that the Court lacks subject matter jurisdiction because of the absence of an actual controversy between the parties. For the reasons that follow, the motion is granted and the complaint is dismissed, without prejudice.

BACKGROUND

A. Regulatory…