Legal Opinion

Apotex, Inc. v. Thompson

Court of Appeals for the Federal Circuit

Decided October 27, 2003No. 02-1295PublishedCited by 35 opinions

1Opinion of the Court

Opinion of the Court by Circuit Judge BRYSON. Concurrence by Circuit Judge PLAGER. Dissent by Circuit Judge PAULINE NEWMAN.

BRYSON, Circuit Judge.

A company that seeks to market a pharmaceutical drug in the United States must first obtain approval from the Food and Drug Administration (“FDA”). Ordinarily, a pharmaceutical company initiates that process by filing a New Drug Application (“NDA”), demonstrating through the presentation of test data that the drug in ques*1338tion is safe and effective. 21 U.S.C. § 355(b)(1)(A).

Before 1984, a pharmaceutical company that wished to make a generic version of…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Van Dusen v. BarrackSupreme Court of the United States · 1964
  5. United States v. Mead Corp.Supreme Court of the United States · 2001

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

3Cited by35 opinions

  1. In Re Lipitor Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
  2. Teva Pharmaceuticals, USA, Inc. v. LeavittCourt of Appeals for the D.C. Circuit · 2008
  3. Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2009
  4. Samsung Electronics Co., Ltd. v. Rambus, Inc.District Court, E.D. Virginia · 2005
  5. Trek Leasing, Inc. v. United StatesUnited States Court of Federal Claims · 2004

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

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