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Federal Circuit Refuses En Banc Rehearing in Zoloft[R] Patent Dispute: Next Stop, Supreme Court?

Publication: Mondaq Business Briefing
Publication Date: 29-APR-05 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The U.S. Court of Appeals for the Federal Circuit has denied Teva's petition for an en banc rehearing of a panel decision holding that an Orange Book listing does not create a legal controversy sufficient to trigger federal jurisdiction. Judges Dyk and Gajarsa each filed a dissenting opinion explaining their reasons for wanting to rehear the case. Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc., Case Nos. 04-1186 (Fed. Cir. Jan. 21, 2005) (Shall J.; Mayer, J. dissenting).

The Hatch-Waxman Act requires new drug application (NDA) filers to...

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