Legal Opinion
Elan Corporation, Plc v. Andrx Pharmaceuticals, Inc., Defendant-Cross
Court of Appeals for the Federal Circuit
Decided May 5, 2004No. 03-1354, 03-1387, 03-1355, 03-1386PublishedCited by 27 opinions
1Opinion of the Court
LOURIE, Circuit Judge.
Elan Corporation, PLC (“Elan”) appeals from the decision of the United States District Court for the Southern District of Florida declaring U.S. Patent 5,637,320 invalid under the on-sale bar of 35 U.S.C. § 102(b). Elan Corp. v. Andrx Pharms., Inc., 272 F.Supp.2d 1325, 1326 (S.D.Fla.2002) (“Final Judgment”). Because the district court erred in concluding that Elan had offered to sell the patented invention more than one year prior to filing its patent application and that the on-sale bar had accordingly been triggered, we reverse and remand.
BACKGROUND
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2Cases cited10 opinions
- Pfaff v. Wells Electronics, Inc.Supreme Court of the United States · 1998
- Moleculon Research Corporation v. Cbs, Inc.Court of Appeals for the Federal Circuit · 1986
- Mas-Hamilton Group v. Lagard, Inc., (Now Known as Masco Corporation) and Hi-Shear Technology CorporationCourt of Appeals for the Federal Circuit · 1998
- Umc Electronics Company v. The United States, Cross-AppellantCourt of Appeals for the Federal Circuit · 1987
- Group One, Ltd. v. Hallmark Cards, IncorporatedCourt of Appeals for the Federal Circuit · 2001
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3Cited by27 opinions
- Voda v. Cordis Corp.Court of Appeals for the Federal Circuit · 2008
- Andrx Pharmaceuticals v. Elan CorporationCourt of Appeals for the Eleventh Circuit · 2005
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2017
- Dorman Products, Inc. v. Paccar, Inc.District Court, E.D. Pennsylvania · 2016
- Gemmy Industries Corp. v. Chrisha Creations LimitedCourt of Appeals for the Federal Circuit · 2006
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