Legal Opinion
Abbott Laboratories v. Frank D. Young, Dr., Commissioner, Food and Drug Administration
Court of Appeals for the D.C. Circuit
Decided December 7, 1990No. 89-5183, 88-5260PublishedCited by 83 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge SILBERMAN.
Dissenting Opinion filed by Circuit Judge EDWARDS.
SILBERMAN, Circuit Judge:
This is an unusual case in which both the appellant and the government present us with unreasonable interpretations of a statute we think ambiguous. We therefore direct the district court to remand to the agency for reconsideration.
I
In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act, Pub.L. No. 98-417, 98 Stat. 1585 (1984) (the “Hatch-Waxman Amendments”), amending the Federal Food, Drug, and Cosmetics Act, 21 U.S.C. §§ 301-392. The…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Eli Lilly & Co. v. Medtronic, Inc.Supreme Court of the United States · 1990
- Glaxo Operations Uk Limited v. Donald J. Quigg, Assistant Secretary of Commerce and Commissioner of Patents and TrademarksCourt of Appeals for the Federal Circuit · 1990
- Comite Pro Rescate De La Salud, Etc. v. Puerto Rico Aqueduct and Sewer Authority, Etc.Court of Appeals for the First Circuit · 1989
- National Ass'n of Casualty & Surety Agents v. Board of Governors of the Federal Reserve SystemCourt of Appeals for the D.C. Circuit · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Mylan Pharmaceuticals, Inc. v. ShalalaDistrict Court, District of Columbia · 2000
- Rhone-Poulenc Rorer Pharmaceuticals, Inc. v. Marion Merrell Dow, Inc.Court of Appeals for the Eighth Circuit · 1996
- State v. ThomasSupreme Court of New Jersey · 2001
- Goldstein v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2006
- Mylan Laboratories, Inc. v. Tommy G. Thompson, Secretary, United States Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 2005
78 more not listed; retrieve them via the Exa API.