Mova Pharmaceutical Corp. v. Shalala
Court of Appeals for the D.C. Circuit
1Opinion of the Court
WALD, Circuit Judge:
On December 19,1996, the Food and Drug Administration (“FDA”) approved an application by a drug manufacturer, Mylan Pharmaceuticals, Inc. (“Mylan”) to market a generic version of micronized glyburide, a drug used to treat diabetes. Another drug manufacturer, Mova Pharmaceutical Corp. (“Mova”), had filed an earlier application to market a generic version of the same drug; however, Mova’s application had not yet been approved, because of a patent infringement suit brought by Pharmacia & Upjohn Company (“Upjohn”), in which Upjohn claimed that Mova’s product infringed a patent…
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