Legal Opinion
Roche Products, Inc. v. Bolar Pharmaceutical Co., Inc.
Court of Appeals for the Federal Circuit
Decided April 23, 1984No. Appeal 84-560PublishedCited by 127 opinions
1Opinion of the Court
NICHOLS, Senior Circuit Judge.
This is an appeal from a judgment entered on October 14, 1983, in which the United States District Court 572 F.Supp. 255 for the Eastern District of New York held United States Patent No. 3,299,053 not infringed and denied relief. We reverse and remand.
I
At stake in this case is the length of time a pharmaceutical company which has a patent on the active ingredient in a drug can have exclusive access to the American market for that drug. Plaintiff-appellant Roche Products, Inc. (Roche), a large research-oriented pharmaceutical company, wanted the United States…
2Cases cited20 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- Hecht Co. v. BowlesSupreme Court of the United States · 1944
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
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3Cited by127 opinions
- Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
- Bell Communications Research, Inc. v. Vitalink Communications CorporationCourt of Appeals for the Federal Circuit · 1995
- Ntp, Inc. v. Research in Motion, Ltd.Court of Appeals for the Federal Circuit · 2005
- Joy Technologies, Inc., and A/s Niro Atomizer, Involuntary v. Flakt, Inc.Court of Appeals for the Federal Circuit · 1993
- Eli Lilly & Co. v. Medtronic, Inc.Supreme Court of the United States · 1990
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