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APOTEX, INC. v. PFIZER INC.

No. 04 Civ. 2539(DC).

385 F.Supp.2d 187 (2005)

APOTEX, INC and Apotex Corp., Plaintiffs, v. PFIZER INC., Defendant.

United States District Court, S.D. New York.

January 3, 2005.

Attorney(s) appearing for the Case

Rakoczy Molino Mazzochi Siwik LLP, By: William A. Rakoczy, Deanne M. Mazzochi, Amy D. Brody, Chicago, Illinois, for Plaintiffs.

White & Case LLP, By: Dimitrios T. Drivas, Jeffrey J. Oelke, Brendan G. Woodward, New York, New York, for Defendant.

MEMORANDUM DECISION

CHIN, District Judge.

In this patent case, plaintiffs Apotex, Inc. and Apotex Corp. (together, "Apotex") bring a declaratory judgment action for a determination that their generic drug does not infringe U.S. Patent No. 5,248,699 ("the '699 patent"), held by defendant Pfizer Inc. ("Pfizer"). Pfizer moves to dismiss the action, arguing that the Court lacks subject matter jurisdiction because of the absence of an actual controversy...

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