Bio-Technology General Corp. v. Genentech, Inc.

80 F.3d 1553 (1996)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
B
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Bio-Technology General Corp. v. Genentech, Inc.

United States Court of Appeals for the Federal Circuit
80 F.3d 1553 (1996)

MP

Facts

Genentech, Inc. (defendant) held two patents related to recombinant human growth hormone (hGH): one patent was for producing a replicable cloning vehicle, not hGH, and the other was for a method for producing recombinant hGH. Bio-Technology General Corp. (BTG) (plaintiff), an Israeli company, also manufactured hGH by recombinant DNA techniques and sought to import its product for sale in the United States under the tradename Bio-Tropin and filed an investigational new drug application (IND) with the Food and Drug Administration (FDA) that was granted. Thereafter, BTG filed an action against Genentech seeking a declaratory judgment that Genentech’s patents were invalid, unenforceable, and not infringed by BTG. Genentech counterclaimed for infringement and moved for a preliminary injunction, arguing that if BTG imported its hGH into the United States, this would infringe Genentech’s patents. The district ruled for Genentech after finding that it had established a reasonable likelihood of success on the merits of its counterclaim because BTG’s processes for making a plasmid and its hGH was within the literal scope of Genentech’s patents. BTG 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 804,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  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.

    Learn about our approachRead more about Quimbee

Here's why 804,000 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 804,000 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

Casebooks

Healthcare Law

Key Terms