Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Daiichi Sankyo Co., Ltd. V. Apotex, Inc.

United States Court of Appeals for the Federal Circuit
501 F.3d 1254 (2007)


Three employees of Daiichi Sankyo Co., Ltd. (Daiichi) (plaintiff) created and patented the compound ofloxacin, used to treat ear infections without damaging a patient’s hearing. The three Daiichi employee inventors were Sato, a professor specializing in ear, nose, and throat issues, Handa, a manager involved with drug development and clinical trials, and Kitahara, a research scientist involved in development of antibiotics. The inventors tested ofloxacin on guinea pigs and found that use did not cause ear damage. Apotex, Inc. and Apotex Corp. (collectively, “Apotex”) (defendant) sought approval to manufacture a generic ofloxacin ear drop. Daiichi sued Apotex for patent infringement. The district court conducted an obviousness analysis of the patent and determined that a person having ordinary skill in the art pertaining to the patent would possess a medical degree, have experience treating ear infections, have some knowledge of the pharmacological use of antibiotics, and be a pediatrician or general practitioner. Following its analysis, the district court concluded that the Daiichi patent was not invalid, and was infringed by Apotex. Apotex appealed, contending that the court improperly defined a “person having ordinary skill in the art.”

Rule of Law


Holding and Reasoning (Archer, 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 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial