Legal Opinion

Glaxo, Inc. And Glaxo Group Limited v. Torpharm, Inc., Apotex Usa, Inc. And Apotex, Inc.

Court of Appeals for the Federal Circuit

Decided September 29, 1998No. 97-1556PublishedCited by 41 opinions

1Opinion of the Court

PLAGER, Circuit Judge.

This is yet another appeal in the ongoing litigation between the holder of patents on a popular medication, Zantac®, and a number of generic drug companies who are attempting to sell a generic equivalent of the drug. The original United States patent held by plaintiffs, Glaxo, Inc. and Glaxo Group Limited (“Glaxo”), No. 4,128,658 (“the ’658 patent”) covering one form of the active ingredient, expired on July 25,. 1997. Nevertheless, Glaxo continues to seek to prevent other drug companies from manufacturing and selling a generic version based on two of Glaxo’s other…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  3. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  4. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  5. Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998

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

3Cited by41 opinions

  1. Minnesota Mining and Manufacturing Company v. Chemque, Inc. (Formerly Known as Chemque Canada, Ltd.) and Thomas & Betts Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2002
  2. Depuy Spine, Inc. (Formerly Known as Depuy Acromed, Inc.) v. Medtronic Sofamor Danek, Inc. (Formerly Known as Sofamor Danek Group, Inc.)Court of Appeals for the Federal Circuit · 2006
  3. American Bankers Association v. United StatesCourt of Appeals for the Federal Circuit · 2019
  4. King Pharmaceuticals, Inc. v. Eon Labels, IncCourt of Appeals for the Federal Circuit · 2010
  5. Adams Respiratory Therapeutics, Inc. v. Perrigo Co.Court of Appeals for the Federal Circuit · 2010

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