Legal Opinion

American Home Products Corporation v. Barr Laboratories, Inc. And L. Perrigo Company

Court of Appeals for the Third Circuit

Decided December 2, 1987No. 87-5253PublishedCited by 101 opinions

1Opinion of the Court

OPINION OF THE COURT

SEITZ, Circuit Judge.

The plaintiff, American Home Products Corporation (AHP), appeals a judgment of the district court in favor of defendants Barr Laboratories (Barr) and L. Perrigo Company (Perrigo). This court has jurisdiction under 28 U.S.C. § 1291 (1982).

I

AHP manufactures a 200-milligram tablet of the analgesic ibuprofen and markets it under the brand name “ADVIL.” The ADVIL tablet is brown and has a glossy coating; the word “Advil” is printed on the tablet in' small black letters. As of late 1986, ADVIL accounted for approximately seventy percent of the market for…

2Cases cited10 opinions

  1. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  2. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  3. Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  4. Scandia Down Corporation, a California Corporation, and Goose Down, Inc., an Illinois Corporation v. Euroquilt, Inc., a New Jersey CorporationCourt of Appeals for the Seventh Circuit · 1985
  5. Keebler Company v. Rovira Biscuit Corporation, Keebler Company v. Rovira Biscuit CorporationCourt of Appeals for the First Circuit · 1980

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3Cited by101 opinions

  1. American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
  2. Opticians Ass'n of America v. Independent Opticians of AmericaCourt of Appeals for the Third Circuit · 1990
  3. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  4. Haines v. Liggett Group Inc.Court of Appeals for the Third Circuit · 1992
  5. Country Floors, Inc. v. A Partnership Composed of Charley Gepner and Gary Ford, D/B/A Country TilesCourt of Appeals for the Third Circuit · 1991

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