Legal Opinion

Dey, L.P. v. Sunovion Pharmaceuticals, Inc.

Court of Appeals for the Federal Circuit

Decided May 20, 2013No. 2012-1428PublishedCited by 22 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge BRYSON.

Dissenting opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

During the late 1990s and 2000s, Suno-vion Pharmaceuticals, Inc., and the Dey plaintiffs (Dey, L.P.; Dey, Inc.; and My-lan, Inc.) were simultaneously developing pharmaceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its prod*1353ucts in human subjects. It then received a patent and held clinical trials, all before ultimately releasing a commercial product. Dey likewise filed a series of patent applications,…

2Cases cited19 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Stephen P. Turner v. J.V.D.B. & Associates, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 2003
  3. W.L. Gore & Associates, Inc., Appellant/cross-Appellee v. Garlock, Inc., Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1983
  4. Egbert v. LippmannSupreme Court of the United States · 1881
  5. Fountain v. FilsonSupreme Court of the United States · 1949

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3Cited by22 opinions

  1. Empresa Cubana Del Tabaco v. General Cigar Co., Inc.Court of Appeals for the Federal Circuit · 2014
  2. Barry v. Medtronic, Inc.Court of Appeals for the Federal Circuit · 2019
  3. Frans Nooren Afdichtingssystemen B v. v. Stopaq Amcorr Inc.Court of Appeals for the Federal Circuit · 2014
  4. Basf Corporation v. Snf Holding CompanyCourt of Appeals for the Federal Circuit · 2020
  5. In re Loestrin 24 Fe Antitrust LitigationDistrict Court, D. Rhode Island · 2017

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