Legal Opinion
Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc.
Court of Appeals for the Seventh Circuit
Decided October 29, 2009No. 09-1438, 09-1462, 09-1601PublishedCited by 72 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “Mira-LAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax”), but their version may be sold only if it is prescribed.
MiraLAX was originally a prescription drug too. After the patent on it expired, the Food and Drug Administration approved…
2Cases cited54 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Landis v. North American Co.Supreme Court of the United States · 1936
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Wyeth v. LevineSupreme Court of the United States · 2009
- Mrs. Carmella M. Borelli v. City of ReadingCourt of Appeals for the Third Circuit · 1976
49 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Jennifer Beardsall v. CVS Pharmacy, IncorporatedCourt of Appeals for the Seventh Circuit · 2020
- Lee v. Cook County, Ill.Court of Appeals for the Seventh Circuit · 2011
- Humberto Trujillo v. Rockledge FurnitureCourt of Appeals for the Seventh Circuit · 2019
- Oliver v. City of PittsburghSupreme Court of Pennsylvania · 2011
- Lance v. WyethSupreme Court of Pennsylvania · 2014
67 more not listed; retrieve them via the Exa API.