Declaratory Judgment

Threats of infringement against entire product industry can create reasonable apprehension among all individual members of that industry, and defendant’s comments in newspaper articles, directed to omeprazole drug industry as whole, were sufficient to put generic omeprazole manufacturers in reasonable apprehension of patent infringement suit by defendant.  (Dr. Reddy’s Laboratories Ltd. v. aaaiPharma Inc., 66 USPQ2d 1878, DC SNY, 9/13/02).

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