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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.