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 Court in Medimmunne v. Genentech (S. Ct. 05-608), which was argued on October 4, 2006.