Legal Opinion

Teva Pharmaceuticals USA, Inc. v. Sebelius

Court of Appeals for the D.C. Circuit

Decided March 2, 2010No. 09-5281, 09-5308PublishedCited by 59 opinions

1Opinion of the Court

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

Dissenting opinion filed by Circuit Judge HENDERSON.

WILLIAMS, Senior Circuit Judge:

This is the latest installment in a long-running series of cases concerning an incentive that Congress established for companies to bring “generic” versions of branded drugs to market faster than they otherwise might. Teva Pharmaceuticals USA, Inc., a manufacturer of generics, has received tentative approval from the U.S. Food and Drug Administration to sell losarían potassium products — used primarily to treat hypertension. The approval will become…

2Cases cited35 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  5. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987

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3Cited by59 opinions

  1. Cohen v. United StatesCourt of Appeals for the D.C. Circuit · 2011
  2. In re Niaspan Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2014
  3. Cablevision Systems Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2011
  4. United Food & Commercial Workers Local 1776 v. Takeda America Holdings, Inc.Court of Appeals for the Second Circuit · 2017
  5. Alliance Hippocratic Medicine v. FDACourt of Appeals for the Fifth Circuit · 2023

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