Zenith Laboratories Inc. v. Bristol-Myers Squibb Co.
United States Court of Appeals for the Federal Circuit
19 F.3d 1418 (1994)
- Written by Mary Phelan D'Isa, JD
Facts
Bristol-Myers Squibb Company (Bristol) (defendant) manufactured a patented antibiotic compound, Bouzard monohydrate, a crystalline form of cefadroxil. Zenith Laboratories, Inc. (Zenith) (plaintiff), manufactured the antibiotic cefadroxil DC. Bristol claimed that Zenith’s sales of its drug induced infringement of its patent because when a patient ingested Zenith’s compound, it converted into Bristol’s patented compound in the patient’s stomach. Bristol also alleged infringement under the doctrine of equivalents, alleging that the two drugs performed equivalently the same function. Zenith filed a declaratory-judgment action. The district court concluded that Bristol failed to establish infringement under the doctrine of equivalents. Zenith appealed.
Rule of Law
Issue
Holding and Reasoning (Plager, J.)
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