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   Federal Courts - Federal Circuit Court of Appeals - March 29 - April 2, 2007

  
BASF Corp. v. United States, 05-1477, -1523, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided
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Overview: Lower court's classification of the beta-carotene product as a colorant was in accord with the HTSUS, 19 U.S.C.S. § 1202, because the classification described the product in the most specific manner possible and for the manner in which use of it was intended. Product did not need to be categorized as a pharmaceutical.

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Citizen Elecs. Co., Ltd. v. Osram GmbH, 2006-1211, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided
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Overview: In the District of Columbia Circuit, the curable defect doctrine was limited to events that occurred after the original dismissal for lack of jurisdiction. Plaintiff was estopped from relying on events which existed at the time of dismissal of its first declaratory judgment (DJ) action as supporting an actual controversy in its second DJ complaint.

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Eli Lilly & Co. v. Zenith Goldline Pharms., Inc., 05-1396, 05-1429, 05-1430, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Lapointe v. Nicholson, 2007-7016, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Louis B. Fine Family, LLC v. Potter, 2006-1529, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided , March 29, 2007, Filed
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Merck & Co. v. Hi-Tech Pharmacal Co., 2006-1401, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided
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Overview: The term of a drug company's patent could be extended for regulatory delays pursuant to 35 U.S.C.S. § 156(a) from the termination date as modified pursuant to as adjusted under 35 U.S.C.S. § 154(b), even though the patent in issue was already subject to a terminal disclaimer under 35 U.S.C.S. § 253.

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Thomas Creek Lumber & Log Co. v. Johanns, 2006-1544, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 29, 2007, Decided
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AFG Indus. v. Cardinal IG Co., 05-1601, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 30, 2007, Decided
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Overview: Plaintiffs' judgment of patent infringement was remanded for the allocation of damages in accordance with the proportion of infringing product because the claim construction was limited to products whose central zinc oxide core was produced by single sputter deposit and the record did not show what portion of defendants' products were so produced.

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Teva Pharm. USA, Inc. v. Novartis Pharm. Corp., 06-1181, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 30, 2007, Decided
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Overview: Where owners of patents sued a generic drug manufacturer for infringement of only one patent, the manufacturer was entitled to seek declaratory relief with regard to non-infringement of related patents since no showing of a reasonable apprehension of imminent litigation was required, and all the circumstances indicated a justiciable controversy.

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Barrett v. Nicholson, 05-7113, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, April 2, 2007, Decided , April 2, 2007, Filed
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