Legal Opinion
Elan Corp., PLC v. Andrx Pharmaceuticals, Inc.
District Court, S.D. Florida
Decided March 24, 2003No. 98-7164-CIV, 98-7057-CIVPublishedCited by 5 opinions
1Opinion of the Court
Findings of Fact and Conclusions of Law
JORDAN, District Judge.
Elan Corporation filed suit against Andrx Pharmaceuticals for patent infringement under 35 U.S.C. §§ 271(e) and 281-283. Andrx answered and interposed counterclaims, including a claim that Elan’s patent was invalid. Subject matter jurisdiction exists pursuant to 28 U.S.C. §§ 1331, 1338, 2201 and 2202, and venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).
After considering the evidence and arguments presented at a bench trial, I conclude that Elan’s patent is invalid by virtue of the on-sale bar. See 35…
2Cases cited51 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Colorado v. New MexicoSupreme Court of the United States · 1984
- Pfaff v. Wells Electronics, Inc.Supreme Court of the United States · 1998
- Allen Engineering Corporation v. Bartell Industries, Inc. And Darragh CompanyCourt of Appeals for the Federal Circuit · 2002
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3Cited by5 opinions
- Andrx Pharmaceuticals v. Elan CorporationCourt of Appeals for the Eleventh Circuit · 2005
- Elan Corporation, Plc v. Andrx Pharmaceuticals, Inc., Defendant-CrossCourt of Appeals for the Federal Circuit · 2004
- Moldflow Corp. v. Simcon, Inc.District Court, D. Massachusetts · 2003
- Sonos, Inc. v. D&M Holdings Inc.District Court, D. Delaware · 2017
- Stowe Woodward, L.L.C. v. Sensor Products, Inc.District Court, W.D. Virginia · 2005