Court Dismisses Copyright Declaratory Judgment Action Finding No “Actual Controversy”

In an April 21, 2014 ruling, Judge Valerie Caproni dismissed the plaintiff’s declaratory judgment action seeking ownership of the copyright in certain computer code, finding that there is no “‘case or controversy’ for the purposes of Article III of the United States Constitution.” The Court first found that there is subject matter jurisdiction because the “Complaint appears to reflect a dispute between the parties over whether and, if so, how the ‘work for hire’ doctrine applies.” Judge Caproni nevertheless dismissed the case because there was no “actual controversy” between the parties, finding that regardless “of this lawsuit, [the plaintiff] can exercise ownership rights unencumbered by [the defendant] and without fear of legal action for anything other than delivery of allegedly non-conforming goods – a suit that has already been filed in New York state court.” The Court also denied an award of attorneys’ fees to the defendant, finding that “both parties bear the blame” for litigating the case.

Patent Infringement Claims Dismissed on Rule 12(b)(6) Motion to Dismiss

In a July 16, 2013 ruling, Judge Katherine B. Forrest dismissed two patent infringement cases brought by Teva Pharmaceuticals USA, Inc. against Sandoz Inc. and Mylan Pharmaceuticals Inc. under Rule 12(6).  The four patents-in-suit relate to methods of characterizing the active pharmaceutical ingredient in a drug for treating relapsing-remitting multiple sclerosis.  Half of Teva's claims in each complaint related to the defendants' alleged infringement of the patents-in-suit while generating information for their Abbreviated New Drug Applications to make generic forms of the drug, and the other half of the claims were declaratory judgment claims that the defendants would infringe the patents-in-suit in their future production of the drug.