CAFC ruled that marking products with their applicable patents does not create enough controversy under Article III of the U.S. Constitution to sustain a declaratory judgment suit, upholding the dismissal of a complaint filed against Medicis by a generics manufacturer Prasco for getting noninfringement request.
Medicic got license for its product Triaz ( benzoyl peroxide wash). The patents are listed on the packaging material of the product. Generic player Prasco makes a generic version of said wash by the name Oscion.
In an attempt to avoid the cloud of potential infringement, Prasco filed a declaratory judgment for non-infringement of the listed patents. The case was dismissed for lack of declaratory judgment jurisdiction.
Opinion of court
Medicic got license for its product Triaz ( benzoyl peroxide wash). The patents are listed on the packaging material of the product. Generic player Prasco makes a generic version of said wash by the name Oscion.
In an attempt to avoid the cloud of potential infringement, Prasco filed a declaratory judgment for non-infringement of the listed patents. The case was dismissed for lack of declaratory judgment jurisdiction.
Opinion of court
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