· 4/16/2012
Dey Pharma, LP v. SUNOVION PHARMACEUTICALS INC.
Citations
- 677 F.3d 1158
- 102 U.S.P.Q. 2d (BNA) 1710
- 2012 WL 1255037
- 2012 U.S. App. LEXIS 7568
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Plaintiffs bear the burden of proving the existence of an actual controversy by a preponderance of the evidence with regard to their declaratory judgment complaint.”
- “Sunovion does not attempt to argue that its covenant not to sue Dey over the ’289 patent moots this case, as that argument is foreclosed by our contrary holding in Caraco.”
- “While Article III requires that ‘an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed,’ the question of whether a controversy exists at a later stage of the proceeding is governed by mootness doctrine.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bryson, Dyk, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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