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Omega first sold the watches to authorized distributors overseas. Costco defended the suit based upon the “first sale doctrine” which provides that once a copyright owner consents to the sale of particular copies of his work, he may not thereafter exercise the distribution right with respect to those copies. laws in the area of intellectual property is especially limited.
Briefly, the evidence below showed that Omega manufactured watches in Switzerland, bearing a design registered in the U. Unidentified third parties eventually purchased the watches and sold them to a New York company, ENE Limited, which in turn sold them to Costco. Omega countered that the first sale doctrine did not apply because the watches bearing the copyrighted design were manufactured and first sold oversees. Moreover, the Ninth Circuit concluded that to permit the application of the first sale doctrine to foreign manufactured items would result in the extraterritorial application of U. laws, which is prohibited unless the contrary is clearly indicated by statute, which it was not here. Consequently, the Ninth Circuit reversed the trial court that had found in favor of Costco on summary judgment and remanded for further proceedings. This question has generated a great deal of interest recently--especially since the Supreme Court's decision two years ago.Both Acorda and Astra Zeneca sued Mylan in Delaware, and Mylan filed motions to dismiss for lack of personal jurisdiction in both cases. In the dalfampridine case, Judge Stark held that Mylan was subject to both general and specific personal jurisdiction.After Med Immune and the MMA amendments, the Federal Circuit followed suit and liberalized standing requirements for generic manufacturer plaintiffs in declaratory judgment actions against brand name manufacturers.This article examines the changing role of declaratory judgment actions in challenging patents upon generic entry and the Constitutional constraints, evaluates alternative regulatory schemes to FDA's current system of enforcement, and discusses the effects of increased litigation in the ANDA world. Although carefully collected, accuracy cannot be guaranteed. Differing provisions from the publisher's actual policy or licence agreement may be applicable.