Apotex Inc. v. Daiichi Sankyo, Inc., No. 14-1282 (Fed. Cir. Mar. 31, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Apotex, Inc. brought this action against Daiichi Sankyo Co. , Ltd. and Daiichi Sankyo, Inc. (collectively, Daiichi) to obtain a declaratory judgment that Apotex will not infringe a patent owned but disclaimed by Daiichi if Apotex manufactures or sells a generic drug bioequivalent to Daiichi’s Benicar®.