Legal Opinion
Abbott Laboratories v. Mylan Pharmaceuticals, Inc.
District Court, N.D. Illinois
Decided March 4, 1999No. 97 C 5450, 98 C 1280PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BUCKLO, District Judge.
Plaintiff Abbott Laboratories (“Abbott”) filed these two actions 1 for patent infringement against defendant Mylan Pharmaceuticals, Inc. (“Mylan”) under 35 U.S.C. § 271(e)(2). Mylan moves for summary judgment, arguing that claim 4 of the patent is invalid. 2 For the reasons set forth below, the motion is granted.
Background
Since 1987, Abbott has sold terazosin hydrochloride, a drug for the treatment of hypertension, 3 under the trademark HYT-RIN. In 1997, Mylan sought approval from the U.S. Food and Drug Administration (“FDA”) to market a…
2Cases cited4 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Mississippi Chemical Corporation v. Swift Agricultural Chemicals CorporationCourt of Appeals for the Federal Circuit · 1983
- Pharmacia & Upjohn Co. v. Mylan Pharmaceuticals, Inc.District Court, N.D. West Virginia · 1998
3Cited by1 opinion
- Mylan Pharmaceuticals, Inc. v. ShalalaDistrict Court, District of Columbia · 2000