Order - Patent Docs
... First, Caraco Pharm. Labs., Ltd. v. Forest Labs., Inc., 527 F.3d 1278 (Fed. Cir. 2008), which
is controlling on this issue, does not support Cephalon’s position. There, the Federal Circuit
found that there was a case and controversy such that a subsequent Paragraph IV ANDA filer
could pursue a decla ...