Constitutionality of the Declaratory Judgment

Generics still unable to resolve ANDA patent issues by declaratory judgment, but is a supreme court resolution on the way?

The Supreme Court recently denied certiorari to review the Federal Circuit’s ruling in Apotex v. Pfizer (S. Ct. 906-1006, October 16, 2006). The ruling was predictable. Pfizer had mooted the case by providing a covenant not to sue Apotex on its Quinapril patent. But the underlying legal issue – subject matter jurisdiction in declaratory judgment cases – is currently pending before the Supreme C...

The constitutionality of the Human Life Bill.

Setting Foot on Enemy Ground: Cease-and-Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions

In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, courts in the U.S. have long maintained that the sending of a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights ...

The constitutionality of the individual mandate.

On the constitutionality of health care reform.

232 NC Med J May/June 2010, Volume 71, Number 3 On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (“Patient Protection Act”), promising that it “will set in motion reforms that generations of Americans have fought for and marched for and hungered to see.”1 Minutes later, 14 state Attorneys General sued to prevent implementation of the Act, arguing...