Abbott Laboratories v. Geneva Pharmaceuticals, Inc.

182 F.3d 1315 (1999)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Abbott Laboratories v. Geneva Pharmaceuticals, Inc.

Federal Circuit Court of Appeals
182 F.3d 1315 (1999)

Facts

Abbott (plaintiff) sued Geneva (defendant) for infringement of the ‘207 patent, which is directed to an anti-hypertension drug. The defendants had filed Abbreviated New Drug Applications (ANDAs) with the FDA, where they sought to market a generic version of the patented drug. In some instances, as is the case here, filing an ANDA with the FDA before a patent’s expiration date can constitute patent infringement. More than one year prior to the ‘207 filing date, a non-party drug manufacturer (Byron Chem. Comp., Inc.) made at least three sales of the later-patented drug in an unknown crystalline form, such that the public was not aware of the exact nature of the product sold. Subsequent testing revealed that the unknown crystalline form sold by Byron was in fact that which Abbott later patented. The court of appeals, on summary judgment, found the claim invalid under the on-sale bar provision of 35 U.S.C. § 102(b). Abbott appealed.

Rule of Law

Issue

Holding and Reasoning (Lourie, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership