Legal Opinion
Zenith Laboratories, Inc. v. Bristol-Myers Squibb Company
Court of Appeals for the Federal Circuit
Decided May 26, 1994No. 92-1527PublishedCited by 113 opinions
1Opinion of the Court
PLAGER, Circuit Judge.
The question in this declaratory judgment action is whether a drug compound, which in its manufactured state does not infringe the patent in suit, becomes infringing as a result of transitory chemical changes that occur in vivo, that is, as a result of ingestion by the patient. There are fact issues — what changes actually occur when the drug is ingested, and how do we know; there are legal issues — does a compound that changes in the human body into the patented product on its way to becoming the active ingredient in the drug (the original patent on the active…
2Cases cited17 opinions
- Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
- Loctite Corporation, Appellant/cross-Appellee v. Ultraseal Ltd., Appellees/cross-AppellantsCourt of Appeals for the Federal Circuit · 1985
- The Standard Oil Company, Appellant/cross-Appellee v. American Cyanamid Company, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1985
- E.I. Du Pont De Nemours & Company v. Phillips Petroleum Company, Phillips 66 Company, and Phillips Driscopipe, Inc., Defendants-Cross-AppellantsCourt of Appeals for the Federal Circuit · 1988
- Atlas Powder Company v. E.I. Du Pont De Nemours & Company and Alamo Explosives Company, Inc.Court of Appeals for the Federal Circuit · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Lawrence B. Lockwood v. American Airlines, Inc.Court of Appeals for the Federal Circuit · 1997
- Glaxo, Inc., and Glaxo Group Limited v. Novopharm, Ltd.Court of Appeals for the Federal Circuit · 1997
- Exxon Chemical Patents, Inc., Exxon Corporation and Exxon Research and Engineering Co. v. Lubrizol CorporationCourt of Appeals for the Federal Circuit · 1995
- Novartis Corporation v. Ben Venue Laboratories, Inc., and Bedford LaboratoriesCourt of Appeals for the Federal Circuit · 2001
- Wang Laboratories, Inc. v. Mitsubishi Electronics America, Inc. And Mitsubishi Electric Corporation, Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1997
108 more not listed; retrieve them via the Exa API.