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

1DissentTaranto, Circuit Judge

Bristol-Myers created a new chemical compound: entecavir. Its structure is a modification of a prior-art compound, apparently a common phenomenon in pharmaceutical chemistry, where small changes can make large differences. The prior-art compound (2'-CDG) was described in published papers. It had shown excellent activity against certain viruses, including the hepatitis B virus, in tests on cell lines in in vitro experiments; but it had never been tested even in animals, let alone humans, whether for efficacy or toxicity. Bristol-Myers’s novel compound proved to be effective and nontoxic (safe)…

2Cases cited41 opinions

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  3. United States Postal Service Board of Governors v. AikensSupreme Court of the United States · 1983
  4. District of Columbia v. HellerSupreme Court of the United States · 2008
  5. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992

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