Legal Opinion
Richardson-Vicks Inc. v. The Upjohn Company, Defendant/cross-Appellant, and McNeil Inc. And Johnson & Johnson
Court of Appeals for the Federal Circuit
Decided November 21, 1997No. 96-1214, 96-1237PublishedCited by 140 opinions
1Opinion of the Court
PLAGE R, Circuit Judge.
In this case, a jury found the patent on a popular cough and cold formula not invalid for obviousness and not unenforceable. Subsequently, the trial judge overturned the jury verdict. Plaintiff appeals the trial judge’s action. Because the trial judge acted within the scope of her authority in granting judgment as a matter of law (“ JMOL”), and on all the facts of record reached the correct conclusion of invalidity for obviousness, the judgment is affirmed.
I. Background
Plaintiff Riehardson-Vicks Inc. (“RVI”) is the assignee of Reexamination Certificate B1 4,552,899…
2Cases cited15 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Warner-Jenkinson Co. v. Hilton Davis Chemical Co.Supreme Court of the United States · 1997
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983
- Newell Companies, Inc. v. Kenney Manufacturing Company, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- C.R. Bard, Inc. v. M3 Systems, Inc.Court of Appeals for the Federal Circuit · 1998
- Pfizer, Inc. v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2007
- Eurand, Inc. v. Mylan Pharmaceuticals Inc.Court of Appeals for the Federal Circuit · 2012
- Merck & Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2005
- Wbip, LLC v. Kohler Co.Court of Appeals for the Federal Circuit · 2016
135 more not listed; retrieve them via the Exa API.