Legal Opinion · Dissent
Bristol-Myers Squibb Company v. Teva Pharmaceuticals USA, Inc
Court of Appeals for the Federal Circuit
Decided October 20, 2014No. 2013-1306Published
1DissentNewman, Circuit Judge
This appeal concerns a patent owned by Bristol-Myers Squibb Company on the product entecavir, a medicinal product for treatment of hepatitis B. Litigation arose under the provisions of the Hatch-Wax-man Act, upon the filing by Teva Pharmaceuticals USA of an Abbreviated New Drug Application Paragraph IV Certification. A panel of this court held the patent invalid,1 creating several new standards for determination of obviousness. For example, the court deemed it irrelevant to the obviousness determination that the prior art “lead compound,” the carbocyclic analog of 2'-deoxyguanosine (2'-CDG),…
2Cases cited29 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- United States v. AdamsSupreme Court of the United States · 1966
- Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983
- Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2009
- Kao Corporation and the Andrew Jergens Company, Plaintiffs-Cross v. Unilever United States, Inc. And Conopco, Inc.Court of Appeals for the Federal Circuit · 2006
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