Legal Opinion

Eli Lilly and Company v. American Cyanamid Company, and Biocraft Laboratories, Inc., and Zenith Laboratories, Inc., and Biochimica Opos, S.P.A.

Court of Appeals for the Federal Circuit

Decided July 2, 1996No. 95-1489PublishedCited by 59 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge BRYSON. Concurring opinion filed by Circuit Judge RADER.

BRYSON, Circuit Judge.

The ongoing struggle between “pioneer” drug manufacturers and generic drug distributors has once more come before our court. Eli Lilly and Company (Lilly), the “pioneer” drug manufacturer in this case, has filed suit for patent infringement against the appellees, who are involved in various ways in the distribution of a particular generic drug. Lilly sought a preliminary injunction, arguing that the importation and sale of the generic drug in this country infringed…

2Cases cited6 opinions

  1. H.H. Robertson, Company v. United Steel Deck, Inc. And Nicholas J. Bouras, Inc.Court of Appeals for the Federal Circuit · 1987
  2. High Tech Medical Instrumentation, Inc. v. New Image Industries, Inc.Court of Appeals for the Federal Circuit · 1995
  3. Bio-Technology General Corp. And Bio-Technology General (Israel), Ltd. v. Genentech, Inc.Court of Appeals for the Federal Circuit · 1996
  4. New England Braiding Co., Inc. And Seal Company of New England, Inc. v. A.W. Chesterton CompanyCourt of Appeals for the Federal Circuit · 1992
  5. Illinois Tool Works, Inc. v. Grip-Pak, Inc.Court of Appeals for the Federal Circuit · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Ntp, Inc. v. Research in Motion, Ltd.Court of Appeals for the Federal Circuit · 2005
  2. Amgen Inc. v. F. Hoffmann-La Roche Ltd.Court of Appeals for the Federal Circuit · 2009
  3. Polymer Technologies, Inc., and Walter Polovina v. Andrew P. Bridwell, H.A. Spec. Co., and Westmark Ag Group, Inc.Court of Appeals for the Federal Circuit · 1996
  4. Altana Pharma AG v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2009
  5. Bayer Ag and Bayer Corporation v. Housey Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 2003

54 more not listed; retrieve them via the Exa API.

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