Prasco, LLC v. Medicis Pharm. Corp.

This is a patent case concerning the scope of our jurisdiction over declaratory judgment actions. Plaintiff-appellant Prasco, LLC (“Prasco”) brought a declaratory judgment action against defendants-appellees Medicis Pharmaceutical Corp. and Imaginative Research Associates, Inc. (collectively “the defendants”), seeking a declaration that one of its products did not infringe various patents owned by the defendants. The district court dismissed the action for lack of jurisdiction, concluding that Prasco’s complaint failed to establish a case or controversy under Article III of the Constitution. Prasco LLC v. Medicis Pharm. Corp., No. 1:06cv313, slip op. (S.D. Ohio Mar. 27, 2007) (Prasco I); Prasco LLC v. Medicis Pharm. Corp., No. 1:06cv313, slip op. (S.D. Ohio July 3, 2007) (Prasco II). Because the district court was correct that under the standard affirmed in MedImmune, Inc. v. Genentech, Inc., 127 S. Ct. 764 (2007), this action does not present an Article III case or controversy, we affirm.

Download