Legal Opinion
Xechem, Inc., and Xechem International, Inc. v. Bristol-Myers Squibb Company
Court of Appeals for the Seventh Circuit
Decided June 23, 2004No. 03-4292PublishedCited by 228 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
The Hatch-Waxman amendments to the Food and Drug Act entitle pharmaceutical companies that first bring a drug to market to a five-year period of exclusivity, even if the drug is unpatented. 21 U.S.C. § 355. Bristol-Myers Squibb was first to market with paclitaxel, a compound derived from the bark of the yew tree and useful in combating some cancers. Bristol-Myers calls its formulation Taxol®, which has been a commercial success. The exclusivity period was due to expire in July 1997, and many other drug producers geared up to sell generic paclitaxel once the market…
2Cases cited16 opinions
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- Gomez v. ToledoSupreme Court of the United States · 1980
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
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3Cited by228 opinions
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