Legal Opinion
Ciba-Geigy Corp. v. Bolar Pharmaceutical Co., Inc.
District Court, D. New Jersey
Decided August 11, 1982No. Civ. A. 82-788PublishedCited by 14 opinions
1Opinion of the Court
OPINION
SAROKIN, District Judge."
INTRODUCTION
Although the battle over “look-alike” drugs raises difficult legal issues, the reali ties of these repeated skirmishes should not be ignored. The brand name companies have spent years and substantial monies in developing and promoting their product. They not only create the drug but establish a market for it. By virtue of their advertising campaigns, doctors become aware of the drug and its benefits and are encouraged to prescribe it.
The generic “look-alike” drug enters the marketplace with a substantial advantage. The predecessor manufacturer has…
2Cases cited25 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Federal Trade Commission v. Colgate-Palmolive Co.Supreme Court of the United States · 1965
- Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ciba-Geigy Corporation v. Bolar Pharmaceutical Co., Inc.Court of Appeals for the Third Circuit · 1985
- In Re Owens-Corning Fiberglas CorporationCourt of Appeals for the Federal Circuit · 1985
- Shire US Inc. v. Barr Laboratories Inc.Court of Appeals for the Third Circuit · 2003
- Fabrication Enterprises, Inc. v. The Hygenic CorporationCourt of Appeals for the Second Circuit · 1995
- Tiffany (NJ) Inc. v. eBay, Inc.District Court, S.D. New York · 2008
9 more not listed; retrieve them via the Exa API.