Legal Opinion

Maruho Co. v. Miles, Inc.

Court of Appeals for the First Circuit

Decided December 29, 1993No. 93-1385PublishedCited by 30 opinions

1Opinion of the Court

BREYER, Chief Judge.

Miles, Inc., invented and patented a pain-kihing drug called Xorphanol. In 1984, Miles gave Pars Pharmaceutical Co. the

exclusive right throughout the world to make, have made, use and sell

Xorphanol, in return for which Pars promised to pay a royalty and

to use reasonable efforts directly or through its subcontractors to develop one or more compounds ... to the point of [obtaining] ... government ... approval for ... [Xorphanol’s] therapeutic use....

In 1988, Pars subhcensed the plaintiff in this lawsuit, Maruho, Inc., to develop Xorphanol “compounds” and to sell them in…

2Cases cited10 opinions

  1. In Re Books, Inc.Court of Appeals for the Second Circuit · 1985
  2. Teresa Tagliente, Trustee of the Tagliente Family Trust v. David C. HimmerCourt of Appeals for the First Circuit · 1991
  3. Jack Gilpin v. American Federation of State, County, and Municipal Employees, Afl-CioCourt of Appeals for the Seventh Circuit · 1989
  4. Kyte v. Philip Morris Inc.Massachusetts Supreme Judicial Court · 1990
  5. Payton v. Abbott LabsDistrict Court, D. Massachusetts · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Crellin Technologies, Inc. v. Equipmentlease Corp.Court of Appeals for the First Circuit · 1994
  2. Taylor v. American Chemistry CouncilCourt of Appeals for the First Circuit · 2009
  3. Rubert-Torres v. Hospital San Pablo, Inc.Court of Appeals for the First Circuit · 2000
  4. Angela Tonyan v. Dunham's Athleisure CorporatioCourt of Appeals for the Seventh Circuit · 2020
  5. Penney v. Town of MiddletonDistrict Court, D. New Hampshire · 1994

25 more not listed; retrieve them via the Exa API.

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