No. 18-182
AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc., et al.
Response Waived
Tags: actual-controversy article-iii declaratory-judgment drug-exclusivity fda-approval generic-drugs patent-invalidity pharmaceutical pharmaceutical-patents standing
Key Terms:
Antitrust Patent JusticiabilityDoctri
Antitrust Patent JusticiabilityDoctri
Latest Conference:
2018-10-26
Question Presented (from Petition)
In the context of patent cases involving pharmaceutical products, does the "actual controversy" requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), require a party seeking to introduce a generic drug product to file an application for FDA approval of that generic drug product before it can file suit for declaratory relief for patent invalidity?
Question Presented (AI Summary)
Whether the 'actual controversy' requirement of the Declaratory Judgment Act requires a party seeking to introduce a generic drug product to file an application for FDA approval before filing suit for declaratory relief on patent invalidity
Docket Entries
2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Waiver of right of respondent Japan Tobacco Inc. to respond filed.
2018-10-01
Waiver of right of respondent Gilead Sciences, Inc. to respond filed.
2018-09-04
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2018, for all respondents.
2018-08-31
Motion to extend the time to file a response from September 10, 2018 to October 10, 2018, submitted to The Clerk.
2018-08-07
Petition for a writ of certiorari filed. (Response due September 10, 2018)
Attorneys
AIDS Healthcare Foundation, Inc.
Daniel Paul Hipskind — Berger & Hipskind LLP, Petitioner
Gilead Sciences, Inc.
Gary N. Frischling — Irell & Manella LLP, Respondent
Japan Tobacco Inc.
Laurie Webb Daniel — Holland & Knight LLP, Respondent