Legal Opinion

Amer Bioscience Inc v. Thompson, Tommy G.

Court of Appeals for the D.C. Circuit

Decided November 6, 2001No. 01-5125PublishedCited by 612 opinions

1Opinion of the Court

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

American Bioscience, Inc., appeals from the district court’s denial of its request for preliminary injunctive relief. Appellant argues that the Food and Drug Administration’s decision to approve intervenor-defendant Baker Norton Pharmaceutical’s Abbreviated New Drug Application (ANDA) for a generic version of the cancer treatment Taxol was arbitrary and capricious. We agree and vacate that approval.

I

This case is here for the second time. See American Bioscience, Inc. v. Thompson, 243 F.3d 579…

2Cases cited15 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Camp v. PittsSupreme Court of the United States · 1973
  4. James Madison Limited, by Norman F. Hecht, Sr., Assignee v. Eugene A. Ludwig, Comptroller of the CurrencyCourt of Appeals for the D.C. Circuit · 1996
  5. Marshall County Health Care Authority v. Donna E. Shalala, Secretary of the Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1993

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3Cited by612 opinions

  1. Rempfer v. SharfsteinCourt of Appeals for the D.C. Circuit · 2009
  2. Pharmaceutical Research and Manufacturers of America v. United States Department of Health and Human ServicesDistrict Court, District of Columbia · 2014
  3. Mylan Laboratories, Inc. v. Tommy G. Thompson, Secretary, United States Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 2005
  4. In Re Buspirone Patent LitigationDistrict Court, S.D. New York · 2002
  5. Oceana, Inc. v. Gary LockeCourt of Appeals for the D.C. Circuit · 2011

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