Facts
Decision


On 27 September 2022, Novartis Pharmaceuticals Corporation secured a victory on a motion to dismiss certain defendants' counterclaims in patent litigation concerning Novartis's Entresto drug product.

Facts

In the motion, Novartis sought to dismiss declaratory judgment counterclaims filed by defendants Hetero and Torrent against three patents for which Hetero and Torrent had filed "section viii" statements.

Decision

Judge Richard G Andrews, of the District Court for the District of Delaware, agreed with Novartis that a defendant who files a section viii statement does not face an article III controversy of sufficient immediacy to support the exercise of jurisdiction over its counterclaims. Judge Andrews also determined that Hetero's and Torrent's allegations concerning other potential sources of article III controversy were too speculative to support jurisdiction over their counterclaims.

For further information on this topic please contact Christopher Loh, Nicholas Kallas, Jared Stringham or Christina Schwarz at Venable LLP by telephone (+1 410 244 7400) or email ([email protected], [email protected], [email protected] or [email protected]). The Venable LLP website can be accessed at www.venable.com.

Greg Manas, Erin Belfield and Carrie Park, associates, assisted in the preparation of this article.