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Legal Opinion

Eli Lilly and Company, Inc. v. Generix Drug Sales, Inc., Caribe Chemical Company, Inc., Ellencee Pharmaceutical Laboratories, Inc., (Three Cases)

Court of Appeals for the Fifth Circuit

Decided May 18, 1972No. 71-1797, 71-2642 and 71-2771PublishedCited by 120 opinions

1Opinion of the Court

CLARK, Circuit Judge:

Apropos of most patent litigation, the instant claims of infringement— countered by the invalidity defenses of anticipation, obviousness and a failure of complete disclosure to the patent office (coupled with a denial of infringing use, and a claim for anti-trust relief)— present this court with problems which are difficult to resolve. Our task is further complicated by the subject matter of the patent, which is a drug useful for human medication composed of a complex organic molecule bearing the convenient, “brief” name, propoxyphene hydrochloride. As though this were…

2Cases cited28 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  4. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  5. United States v. AdamsSupreme Court of the United States · 1966

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3Cited by120 opinions

  1. United States v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 2001
  2. In Re Fine Paper Antitrust Litigation. (Ten Cases) the State of Alaska, on Its Own Behalf and on Behalf of Its Cities, Boroughs, and Other Political Subdivisions v. Boise Cascade Corporation, a Delaware Corporation Champion International Corporation, a New York Corporation Crown Zellerbach Corporation, a Nevada Corporation Great Northern Nekoosa Corporation, a Maine Corporation Hammermill Paper Company, a Pennsylvania Corporation International Paper Company, a New York Corporation Kimberly Clark Corporation, a Delaware Corporation the Mead Corporation, an Ohio Corporation Potlatch Corporation, a Delaware Corporation Scott Paper Company, a Pennsylvania Corporation St. Regis Paper Company, a New York Corporation Union Camp Corporation, a Virginia Corporation Wausau Paper Mills Co., a Wisconsin Corporation Westvaco Corporation, a Delaware Corporation Weyerhaeuser Company, a Washington Corporation Blake, Moffitt & Towne, Inc., a Division of Saxon Industries, Inc., a New York Corporation Western Paper Company, a Division of Hammermill Paper Company, a Pennsylvania Corporation and Zellerbach Paper Company, a Division of Crown Zellerbach Corporation, a Nevada Corporation. Appeal of State of Alaska, in No. 81-2341. State of Colorado v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, D/B/A Zellerbach Paper Company, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Butler Paper Company and Dixon Paper Company. Appeal of State of Colorado, in No. 81-2342. State of Washington, on Behalf of Itself and Its Public Entities v. Boise Cascade Corp., Champion International Corporation, Hammermill Paper Company, International Paper Company, Potlatch, Inc., Scott Paper Company, St. Regis Paper Company, Weyerhaeuser Company, Blake, Moffitt & Towne, Inc., a Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, Inc. A Division of Unisource Corp., Zellerbach Paper Company, a Division of Crown Zellerbach Corporation. Appeal of State of Washington, in No. 81-2343. State of Missouri v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company Corporation, Butler Paper Company, Graham Paper Company, Bermingham & Prosser Company, Distribix, Inc. Paper Supply Company, and Shaughnessy-Kniep-Hawe Paper Company. Appeal of State of Missouri, in No. 81-2344. The State of Oregon, on Its Own Behalf and on Behalf of Its Cities, Counties, and Other Political Subdivisions v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Blake, Moffitt & Towne, Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, Division of Unisource Corporation, Western Paper Company, Division of Hammermill Paper Company, and Zellerbach Paper Company, Division of Crown Zellerbach Corporation. Appeal of State of Oregon, in No. 81-2345. The State of California, on Behalf of Itself and All Political Subdivisions, Public Agencies and Districts Within the State Similarly Situated v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Butler Paper Company, an Affiliate of Great Northern Nekoosa Corp., J. C. Paper Company, an Affiliate of Wausau Paper Mills Co., Nationwide Papers, Incorporated, a Division of Champion International Corp., Seaboard Paper Company, an Affiliate of Mead Corp., Zellerbach Paper Company, a Division of Crown Zellerbach Corp., Blake, Moffitt & Towne, a Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, a Division of Unisource Corp., Ingram Paper Company and Noland Paper Company (Carpenter/offutt Paper Co.). Appeal of State of California, in No. 81-2346. Nebraska, State of v. Boise Cascade Corporation, Champion International Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Co., Westvaco Corporation, Weyerhaeuser Company, Crown Zellerbach Corporation, Kimberly Clark and Western Paper Co., a Division of Hammermill Paper Company. Appeal of State of Nebraska, in No. 81-2347. State of Iowa, by Its Attorney General, Richard C. Turner v. Boise Cascade Corp. Champion International Corporation the Mead Corporation Great Northern Nekoosa Corporation Hammermill Paper Company International Paper Company Potlatch Corporation Scott Paper Company St. Regis Paper Company Union Camp Corporation Wausau Paper Mills Co. Westvaco Corp. And Weyerhaeuser Company. Appeal of State of Iowa, in No. 81-2348. Montana, State of v. Boise Cascade Corp. Champion International Corp. Great Northern Nekoosa Corp. Hammermill Paper Co. International Paper Co. Mead Corp. The Potlatch Corp. Scott Paper Co. St. Regis Paper Co. Union Camp Corp. Wausau Paper Mills Co. Westvaco Corp. Weyerhaeuser Co. Crown Zellerbach Corp. And Kimberly Clark. Appeal of State of Montana, in No. 81-2349. State of Arkansas v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Western Paper Company, Graham Paper Company. Appeal of State of Arkansas, in No. 81-2350Court of Appeals for the Third Circuit · 1982
  3. Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
  4. Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
  5. Hussain, Mohammed v. Nicholson, R. JamesCourt of Appeals for the D.C. Circuit · 2006

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