Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
SCHALL, Circuit Judge.
Teva Pharmaceuticals USA, Inc. (“Teva”) is a manufacturer of generic pharmaceuticals. In July of 2002, it filed an Abbreviated New Drug Application (“ANDA”) pursuant to the provisions of the Hatch-Waxman Amendments to the Federal Food, Drug and Cosmetic Act. In its ANDA, Teva sought the approval of the Food and Drug Administration (“FDA”) to market its generic version of the drug sertraline hydrochloride. Sertraline hydrochloride is sold under the trade name Zoloft® by Pfizer, Inc. (“Pfizer”). Pfizer holds two patents relating to Zoloft®: U.S. Patent No. 4,356,518 (the “…
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