Quimbee logo
DMCA.com Protection Status

Burroughs Wellcome Co. v. Barr Laboratories, Inc.

40 F.3d 1223 (Fed. Cir. 1994)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Burroughs Wellcome Co. v. Barr Laboratories, Inc.

United States Court of Appeals for the Federal Circuit

40 F.3d 1223 (Fed. Cir. 1994)

Facts

Burroughs Wellcome Company (BWC) (plaintiff) and Barr Laboratories Incorporated (Barr) (defendant) were both pharmaceutical companies. The National Institutes of Health (NIH), looking for a way to handle the AIDS crisis in the United States, solicited the submission of compounds for testing against HIV. BWC submitted a compound called azidothymidine (AZT), which had been developed by five scientists, for testing at NIH. BWC simultaneously prepared a patent application for the compound. The NIH found AZT to be effective in combating AIDS through experimentation by two of its scientists. BWC sought approval from the Food and Drug Administration (FDA). Barr began producing AZT and applied for FDA approval also. BWC sued Barr in federal district court for patent infringement. Barr filed a counterclaim, alleging that researchers at the NIH were coinventors of the compound, meaning that BWC did not have rights in the patent. The district court ruled in favor of BWC. Barr appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Mayer, 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 605,000 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 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 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 605,000 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
  • 33,800 briefs - keyed to 984 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