Legal Opinion

Mova Pharmaceutical Corp. v. Shalala

Court of Appeals for the D.C. Circuit

Decided April 14, 1998No. 97-5082, 97-5111PublishedCited by 308 opinions

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…

2Cases cited30 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  4. Bennett v. SpearSupreme Court of the United States · 1997
  5. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987

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3Cited by308 opinions

  1. Chaplaincy of Full Gospel Churches v. EnglandCourt of Appeals for the D.C. Circuit · 2006
  2. Valley Drug Co. v. Geneva Pharmaceuticals, Inc.Court of Appeals for the Eleventh Circuit · 2003
  3. Public Citizen Health Research Group v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 1999
  4. Fund for Animals, Inc. v. NortonCourt of Appeals for the D.C. Circuit · 2003
  5. Nurriddin v. BoldenDistrict Court, District of Columbia · 2009

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