Upjohn Manufacturing Co. v. Schweiker

OPINION

BENJAMIN F. GIBSON, District Judge.

This case involves the licensing of drug manufacturers to produce and market drugs. Plaintiffs in this action challenge the Food and Drug Administration’s (FDA’s) approval of a New Drug Application (NDA) by Boots Pharmaceuticals, Inc. (Boots) to manufacture and distribute a drug called ibuprofen using the trademark Rufen, which Upjohn markets using the trademark Motrin. Ibuprofen is a nonsteroidal anti-inflammatory prescription drug widely used for the relief of the symptoms of rheumatoid and osteo-arthritis and for the relief of mild to moderate pain.