District Court, S.D. New York June 9, 2004, 03 Civ.8254(DLC) (Takeda Chemical Industries, Ltd. v. Watson Pharmaceuticals, Inc.)

OPINION AND ORDER

COTE, District Judge.

This Opinion addresses the justiciability of a declaratory judgment claim that a generic drug applicant is preparing to induce the infringement of method of use patents. The method of use patents protect the use of the drug pioglitazone in combination with other drug therapies.