Bayer Ag v. Biovail Corporation Book Reviews
Bayer Ag v. Biovail Corporation by Federal Circuit U.S. Court of Appeals Book Summary
Appealed from: U.S. District Court for the Northern District of Georgia Senior Judge William C. O'Kelley Bayer brought two separate actions in the United States District Court for the Northern District of Georgia asserting that Elan Pharmaceuticals Research Corp. (Elan) infringed U.S. Patent No. 5,264,446 (the `446 patent). The first action asserted that Elan infringed by filing an abbreviated new drug application (ANDA) with the Food and Drug Administration (FDA) seeking approval of a 60 mg generic version of the invention claimed in the `446 patent. The second action asserted infringement in Elan's marketing of a commercial 30 mg generic version. On summary judgment, the district court collaterally estopped Bayer from pursuing either action based on the court's previous finding of non-infringement in a related 30 mg ANDA infringement case. Because the district court erred in finding that it had necessarily and sufficiently construed the claims of the `446 patent in the 30 mg ANDA infringement case, this court vacates and remands both cases. I.
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| Book Name | Bayer Ag v. Biovail Corporation |
| Genre | Law |
| Author | Federal Circuit U.S. Court of Appeals |
| Published | 07 February 2002, Thursday |
| Language | English |
| E-Book Size | 66.95 KB |
Bayer Ag v. Biovail Corporation (Federal Circuit U.S. Court of Appeals) Book Reviews 2024
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Summary of Bayer Ag v. Biovail Corporation by Federal Circuit U.S. Court of Appeals
The Bayer Ag v. Biovail Corporation book written by Federal Circuit U.S. Court of Appeals was published on 07 February 2002, Thursday in the Law category. A total of 190 readers of the book gave the book 0 points out of 5.
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