Confirm favorite deletion?
Patent Law Keyed to Adelman
eva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp.
Facts
Novartis Pharmaceuticals Corp. (Defendant) holds the New Drug Application (NDA) for three strengths of Famvir. Its NDA has five listed patents related to Famvir, including the ‘937 patent. Plaintiff filed its Abbreviated New Drug Application (ANDA) for a generic version of Famvir. In the application, a paragraph IV certification was included that Defendant’s patents were not valid. Defendant filed an infringement suit against Plaintiff on the ‘937 patents but not the other four. Plaintiff next filed a declaratory judgment action on the four remaining patents for a finding that the patents were invalid. Defendant moved to dismiss on grounds that Plaintiff did not have an imminent threat of an infringement suit for the other patents, therefore the district court had no jurisdiction in a declaratory judgment action. The district court applied the Federal Circuit’s two-prong Pfizer test and dismissed. Plaintiff appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.