Duplicative Declaratory Judgment Infringement Allegations Are Duplicative and Unnecessary ANDA Actions
Plaintiffs in ANDA actions frequently include declaratory judgment infringement allegations under § 271(a) – (c) (the section of the statute governing traditional patent infringement cases) in addition to § 271(e)(2) (the section of the statute governing Hatch Waxman actions). Although the case law is unsettled, defendants have successfully obtained dismissals of duplicative declaratory judgment infringement…