For Your Data Abbott Laboratories V. Geneva Pharmaceuticals, Inc. Illustration Brief

Abbott Laboratories v. Geneva Pharmaceuticals, Inc. illustration brief summary
182 F.3d 1315 (1999)

CASE SYNOPSIS

Plaintiff corporation appealed from a determination of the U.S. District Court for the Northern District of Illinois that granted summary judgment to the accused corporations together with held a claim of plaintiff's patent invalid nether the on-sale provision of 35 U.S.C.S. § 102(b).

CASE FACTS
Plaintiff sued defendants for patent infringement afterward each of the defendants filed patent applications. Defendants sought approving to marketplace set a generic version of a pharmaceutical chemical compound marketed past times the plaintiff. The defendants each raised the "on-sale" affirmative defence of 35 U.S.C.S. § 102(b), asserting that the generic version was anticipated because it was sold inward the U.S. to a greater extent than than 1 yr earlier the patent's filing date.

DISCUSSION

• The appellate courtroom held that the on-sale bar applied because the generic version was the dependent acre affair of commercial sales inward the United States. 
• The courtroom institute that the generic version was besides hit for patenting because at to the lowest degree 2 manufacturers had reduced the generic to practice. 
• Since the generic was inward the populace domain, the courtroom institute that plaintiff's patent was invalid nether federal law. 
• Therefore, the appellate courtroom affirmed the lower court's grant of summary judgment to the defendants.

CONCLUSION

The lower court's grant of summary judgment for the defendants was proper because plaintiff's patent was invalid nether federal law.

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