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Dismissal Of Declaratory Judgment Counterclaims In Fosamax Case Vacated As Moot
Addressing the Article III case or controversy requirement in the context of the exclusivity forfeiture position of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA), the U.S. Court of Appeals for the Federal Circuit, in a non-precedential per curiam opinion, affirmed a district courts dismissal of Apotexs counterclaims for declaratory judgment of invalidity and non-infringement.
United States
8 Oct 2008
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