Quimbee logo
DMCA.com Protection Status

Upjohn Company v. Riahom Corporation

641 F. Supp. 1209 (1986)

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

Upjohn Company v. Riahom Corporation

United States District Court for the District of Delaware

641 F. Supp. 1209 (1986)

Facts

The Upjohn Company (Upjohn) (plaintiff) discovered that one of its patented compounds, minoxidil, caused hair growth. Upjohn began marketing minoxidil as Regaine and sought FDA approval, which was required for a hair-growth drug. Upjohn spent over $100 million in research and development of Regaine. In Italy, Kemyos Bio Medical Research (Kemyos) later filed patent applications for a minoxidil compound called Rivixil after minimal clinical testing. No patent was issued. Riahom Corporation (defendant) bought Rivixil from Kemyos, shipped it to New York, and had a third party package it for sale. Riahom marketed Rivixil as a cosmetic to salons at a $150 price point. Riahom did not seek FDA approval and did not conduct any safety or efficacy testing. Riahom’s advertisements claimed Rivixil contained a clinically tested patented compound and referred to news coverage of Regaine. Riahom claimed that Rivixil grew hair. Upjohn sued Riahom for patent infringement and unfair competition, seeking a preliminary injunction. Riahom argued that Rivixil did not actually induce hair growth but merely promoted a fuller, thicker head of hair. After denying a preliminary injunction based on patent infringement, the court considered whether to grant a preliminary injunction due to unfair competition.

Rule of Law

Issue

Holding and Reasoning (Wright, 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 604,000 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 604,000 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 604,000 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