1. Home
  2. Browse Decisions
  3. F.3d
  4. 19 F.3d
  5. 19 F.3d 1418 (1994)
 

ZENITH LABORATORIES v. BRISTOL-MYERS SQUIBB

No. 92-1527.

19 F.3d 1418 (1994)

ZENITH LABORATORIES, INC., Plaintiff-Appellant, v. BRISTOL-MYERS SQUIBB COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined May 27, 1994.

Attorney(s) appearing for the Case

Stephen N. Shulman, Cadwalader, Wickersham & Taft, Washington, DC, argued for plaintiff-appellant. With him on the brief was Mark C. Ellenberg. Also on the brief were William L. Mentlik and Arnold H. Krumholz, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, NJ.

S. Leslie Misrock, Pennie & Edmonds, New York City, argued for defendant-appellee. Of counsel were Brian D. Coggio, Jennifer Gordon and Kent H. Cheng, Pennie & Edmonds, New York City. Also on the brief was Frederick B. Lacey, LeBoeuf, Lamb, Leiby & MacRae, Newark, NJ.

Before PLAGER, CLEVENGER, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined May 27, 1994.

PLAGER, Circuit Judge.

The question in this declaratory judgment action is whether a drug compound, which in its manufactured state does not infringe the patent in suit, becomes infringing as a result of transitory chemical changes that occur in vivo, that is, as a result of ingestion by the patient. There are fact issues—what changes actually occur when the drug is ingested...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases