Apotex, Inc. v. Daiichi Sankyo, Inc., No. 12 C 9295 & 15 C 3695, Slip Op. (N.D. Ill. Jan. 8, 2016) (Coleman, J.).

Judge Coleman granted plaintiff Apotex’s motion for summary judgment of noninfringement in this ANDA patent case seeking to manufacture and sell generic version of Benicar and Benicar HCT.

As an initial matter, Apotex had standing to sue for a declaratory judgment because Apotex had filed ANDAs, the filing of which constitute an act of infringement. And because defendants had disclaimed each claim of their ‘703 patent, the patents were not infringed.