Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Schering Corp. v. Geneva Pharmaceuticals, Inc.

United States Court of Appeals for the Federal Circuit
339 F.3d 1373 (Fed. Cir. 2003)


Schering Corp. (“Schering”) (plaintiff) held the ‘233 and ‘716 patents related to antihistamines. The ‘233 patent covered loratadine, the active component of the non-drowsy drug Claritin. The later-issued ‘716 patent covered a metabolite of loratadine called DCL, also a non-drowsy antihistamine. When an individual ingests a loratadine, a chemical conversion takes place during the digestion process which created the metabolite, DCL. The ‘233 patent was issued nearly six years prior to the issuance of the ‘716 patent, and thus was considered to be prior art. The ‘233 patent did not expressly disclose DCL or metabolites. Upon expiration of the ‘233 patent, Geneva Pharmaceuticals, Inc. (“Geneva”) (defendant) and others began manufacturing and marketing generic versions of Claritin. Schering brought suit against Geneva and others for infringement in the U.S. District Court for the District of New Jersey. The district court concluded that the ‘233 patent inherently anticipated claims 1 and 3 of the ‘716 patent under 35 U.S.C. § 102(b) and granted Geneva’s motion for summary judgment of invalidity. Schering appealed.

Rule of Law


Holding and Reasoning (Rader, J.)

Dissent (Newman, 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 497,000 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 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 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