Forest Laboratories, Inc. v. Caraco Pharmaceutical Laboratories, Ltd.
- Case Date: 5/2/2008
- Project Name: Health Care Project
On February 23, 2009, the U.S. Supreme Court declined to consider the issue of whether to permit a generic drug maker to file suit seeking a declaration that it is not violating a patent, when the patent owner has made clear that it does not believe that the generic maker is violating the patent. The Court's one-sentence order denying review was a setback for WLF, which filed a brief urging the Court to grant review. An appeals court ruled last year that federal courts possess jurisdiction to hear such suits. In urging the Supreme Court to review that ruling, WLF argued that federal courts lack jurisdiction over such suits because there can be no justiciable dispute when there does not exist a controversy between parties having adverse interests. WLF argued that permitting courts to exercise jurisdiction in cases of this sort would expand jurisdiction well beyond limits imposed by Article III of the Constitution and would put courts in the business of rendering advisory opinions.
More Information and Downloads:
12/10/2008: Download the Brief
5/2/2008: Download the Brief
Litigation Update: Court Declines to Limit Jurisdiction Over Uncontested Patent Claims