· 8/15/2008
Prasco, LLC v. Medicis Pharmaceutical Corp.
Citations
- 537 F.3d 1329
- 87 U.S.P.Q. 2d (BNA) 1675
- 2008 U.S. App. LEXIS 17329
- 2008 WL 3546217
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a party lacked standing under the Federal Constitution to maintain a declaratory judgment action based upon a \purely subjective or speculative fear of future harm\
- concluding that the status of the plaintiff’s Article III standing should be decided based on the allegations in the amended complaint, included allegations that concerned events that occurred after the case was initiated
- holding that a patentee creates an immediate injury or threat of future injury by “creating a barrier to the regulatory approval of a product that is necessary for marketing”
- holding that jurisdiction to adjudicate a declaratory judgment action in a patent dispute “is limited by Article III of the Constitution, which restricts federal judicial power to the adjudication of ‘Cases’ or ‘Controversies.’”
- concluding that the status of the Defendants also argue that the class lacks standing because “the proposed class does not require putative class members actually to have been injured by the allegedly defective product.” (Opp. at 13.
- explaining that “the proper focus in determining jurisdiction are the facts existing at the time the complaint under consideration was filed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gajarsa, Clevenger, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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