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· 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 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.