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ABBOTT LABORATORIES v. YOUNG

Nos. 89-5183, 88-5260.

920 F.2d 984 (1990)

ABBOTT LABORATORIES, Appellant, v. Frank D. YOUNG, Dr., Commissioner, Food and Drug Administration.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1990.

Attorney(s) appearing for the Case

Harold D. Murry, Jr., with whom Robert P. Reznick was on the brief, for appellant. Bryan Jay Yolles, Washington, D.C., also entered an appearance, for appellant.

Irene M. Solet, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Anthony J. Steinmeyer, Washington, D.C., Atty., Dept. of Justice, were on the brief, for appellee. Jacqueline H. Eagle, Atty., Rockville, Md., Dept. of Justice, also entered an appearance, for appellee.

Peter R. Mathers, Washington, D.C., for amicus curiae Par Pharmaceutical, Inc., urging affirmance.

Before MIKVA, EDWARDS, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Dissenting Opinion filed by Circuit Judge EDWARDS.

SILBERMAN, Circuit Judge:

This is an unusual case in which both the appellant and the government present us with unreasonable interpretations of a statute we think ambiguous. We therefore direct the district court to remand to the agency for reconsideration.

I.

In 1984, Congress enacted the Drug Price Competition and Patent Term...

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