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XECHEM, INC. v. BRISTOL-MYERS SQUIBB CO.

No. 03-4292.

372 F.3d 899 (2004)

XECHEM, INC., and Xechem International, Inc., Plaintiffs-Appellants, v. BRISTOL-MYERS SQUIBB COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 23, 2004.

Attorney(s) appearing for the Case

Ralph A. Mantynband, argued, Shefsky & Froelich, Chicago, IL, for Plaintiffs-Appellants.

Richard J. Stark, argued, Cravath, Swaine & Moore, New York, NY, for Defendant-Appellee.

Before EASTERBROOK, KANNE, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Hatch-Waxman amendments to the Food and Drug Act entitle pharmaceutical companies that first bring a drug to market to a five-year period of exclusivity, even if the drug is unpatented. 21 U.S.C. § 355. Bristol-Myers Squibb was first to market with paclitaxel, a compound derived from the bark of the yew tree and useful in combating some cancers. Bristol-Myers calls its formulation Taxol®, which has been a commercial success...

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