M.D. Pa. (2005)
Fitzpatrick Obtains Dismissal of Complaint Against Merck
On October 28, 2005, Fitzpatrick obtained a dismissal of Mylan Pharmaceutical’s complaint against client Merck & Co. United States District Court Judge Sylvia H. Rambo, of the District Court for the Middle District of Pennsylvania, dismissed, for lack of subject matter jurisdiction, the generic company’s complaint seeking a declaratory judgment that its generic drug product does not and will not infringe three of Merck’s patents related to its finasteride product, which Merck markets under the brand name PROSCAR®. The court held that Mylan did not establish that an actual case or controversy existed when it failed to show that Merck’s conduct established a reasonable apprehension that Merck would sue Mylan for infringement.