We accordingly reverse the district court judgment and
remand with orders to enter judgment in favor of Appellants.
The ’077 patent expired in March of this year, even
before the court held oral argument in the case. Since
Pronova brings this suit pursuant to the provisions of the
Drug Price Competition and Patent Term Restoration Act,
seeking only prospective relief, any issues regarding
the ’077 patent are now moot.
For the foregoing reasons, the judgment of the lower
court is reversed and the case is remanded with orders to
enter judgment in favor of appellants.
Link for Pronova v. Teva: http://www.cafc.uscourts.gov/images/stories/opinions-orders/12-1498.Opinion.9-10-2013.1.PDF