Trapped by a Lack of Controversy

This article addresses a split of authority over whether courts have jurisdiction to hear certain types of declaratory judgment actions affecting the generic drug approval process. This issue may be decided this year by the Federal Circuit.

Mark E. Waddell is a partner and co-chair of the patent litigation practice group in the New York office of Loeb & Loeb LLP and can be reached at mwaddell@loeb.com.

This article was first printed in the January 22, 2008 edition of the New York Law Journal. Permission for article reprint has been granted.