Legal Opinion

Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc.

Court of Appeals for the Federal Circuit

Decided January 21, 2005No. 2004-1186PublishedCited by 44 opinions

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 “…

2Cases cited18 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  3. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Indium Corporation of America v. Semi-Alloys, Inc.Court of Appeals for the Federal Circuit · 1985

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

3Cited by44 opinions

  1. MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
  2. SanDisk Corp. v. STMicroelectronics, Inc.Court of Appeals for the Federal Circuit · 2007
  3. Pfizer, Inc. v. Teva Pharmaceuticals Usa, Inc.Court of Appeals for the Federal Circuit · 2005
  4. Teva Pharmaceuticals Usa, Inc. v. Novartis Pharmaceuticals Corporation, Novartis Pharma Ag and Novartis International Pharmaceutical Ltd.Court of Appeals for the Federal Circuit · 2007
  5. Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc.Court of Appeals for the Federal Circuit · 2008

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

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