Legal Opinion
Minnesota Mining and Manufacturing Company and Riker Laboratories, Inc., and Alphapharm Pty. Ltd. v. Barr Laboratories, Inc.
Court of Appeals for the Federal Circuit
Decided May 1, 2002No. 01-1369, 01-1370PublishedCited by 33 opinions
1Opinion of the Court
DYK, Circuit Judge.
This case presents a question under the Hatch-Waxman Amendments to the Fed*777eral Food, Drug, and Cosmetic Act (“FFDCA”), which were enacted as part of the Drug Price Competition and Patent Term Restoration Act of 1984, Pub.L. No. 98-417, 98 Stat. 1585 (1984), codified at 21 U.S.C. §§ 355, 360cc, and 35 U.S.C. §§ 156, 271, 282. Appellants, Minnesota Mining and Manufacturing Co. (“3M”) and Alphapharm Pty. Ltd. (“Alphapharm”), urge that the district court should have dismissed 3M’s infringement action against appellee, Barr Laboratories, Inc. (“Barr”), without prejudice pursuant…
2Cases cited12 opinions
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- Northwest Airlines, Inc. v. Transport Workers UnionSupreme Court of the United States · 1981
- Asarco Inc. v. KadishSupreme Court of the United States · 1989
- Hamm v. Rhone-Poulenc Rorer Pharmaceuticals, Inc.Court of Appeals for the Eighth Circuit · 1999
- Teva Pharmaceuticals, USA, Inc. v. United States Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 1999
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3Cited by33 opinions
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- Apotex, Inc. v. ThompsonCourt of Appeals for the Federal Circuit · 2003
- Teva Pharmaceuticals USA, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2006
- In re Nexium (Esomeprazole) Antitrust LitigationDistrict Court, D. Massachusetts · 2014
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