Legal Opinion
Teva Pharmaceuticals, USA, Inc. v. United States Food & Drug Administration
Court of Appeals for the D.C. Circuit
Decided July 20, 1999No. 99-5022 and 99-5027PublishedCited by 44 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
Teva Pharmaceuticals and Purepac Pharmaceutical Company appeal the denial of injunctive relief requiring the Food and Drug Administration (“FDA”) to recognize the dismissal of a declaratory judgment complaint for patent infringement as a “court decision” under the Abbreviated New Drug Application (“ANDA”) statute. See 21 U.S.C. § 355(j)(5)(B)(iv)(II) (Supp. Ill 1997). Appellants are “subsequent” ANDA applicants hoping to market ticlopi-dine tablets, a generic version of the name-brand drug “Ticlid,” used to treat stroke…
2Cases cited27 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Mova Pharmaceutical Corp. v. ShalalaCourt of Appeals for the D.C. Circuit · 1998
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3Cited by44 opinions
- Rodi v. Southern New England School of LawCourt of Appeals for the First Circuit · 2004
- Forman, Paul v. Small, Lawrence M.Court of Appeals for the D.C. Circuit · 2001
- County of Los Angeles, a Political Subdivision of the State of California, Owner and Operator of Los Angeles County/usc Medical Center, Harbor/ucla Medical Center, Martin Luther King Jr./drew Medical Center, Olive View Medical Center and High Desert Hospital Appellees/cross-Appellants v. Donna E. Shalala, Secretary, U.S. Department of Health and Human Services Appellant/cross-AppelleeCourt of Appeals for the D.C. Circuit · 1999
- Andrx Pharmaceuticals, Inc. v. Biovail Corp. InternationalCourt of Appeals for the D.C. Circuit · 2001
- Mylan Pharmaceuticals, Inc. v. ShalalaDistrict Court, District of Columbia · 2000
39 more not listed; retrieve them via the Exa API.