Glaxo Group Ltd. v. Apotex, Inc.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Plaintiffs Glaxo Group Ltd. and Glaxo Wellcome Inc. (“plaintiff’) have brought a two count anticipatory patent infringement complaint against defendant Apotex, Inc. In Count I, plaintiff requests a declaratory judgment, seeking to enjoin a future patent infringement. Count II alleges patent infringement pursuant to 35 U.S.C. § 271(e)(2)(A). Defendant has moved to dismiss both counts, arguing that the court lacks jurisdiction over the first, and that the second fails to state a claim. For the reasons set forth below, the motion is denied.

Fac…