U.S. Court of Appeals for the Federal Circuit, 1994

Burroughs Wellcome Co. v. Barr Laboratories, Inc., and Novopharm, Inc. And Novopharm, Ltd.

U.S. Court of Appeals for the Federal Circuit · Decided December 15, 1994 · Mayer, Lourie, Schall

40 F.3d 1223 (Federal Reporter, Third Series)

Counsel

E. Anthony Figg, Rothwell, Figg, Ernst & Kurz, Washington, DC, argued for plaintiff-appellee. With him on the brief were Steven Lieberman and Joseph A. Hynds. Of counsel was Mark A. Ash. Also on the brief were Thomas F. Curnin, Laura Mezey, Daniel L. Cantor and Michael B. Weiss, Cahill, Gordon & Reindel, New York City. Of counsel were Paul A. Holcombe, Jr. and Susan S. Dunn, Burroughs Wellcome Co., Research Triangle Park, NC., Dan K. Webb, Winston & Strawn, Chicago, IL, argued for defendant-appellant. With him on the brief were Eric L. Hirschhom, George C. Lombardi, James F. Hurst and Monique M. Vasilchik. Also on the brief were Myron Cohen and Michael C. Stuart, Cohen, Pontani, Lieberman & Pavane, New York City. Robert F. Green, Leydig, Voit & Mayer, Ltd., Chicago, IL, argued for defendants-appellants. With him on the brief were Bruce M. Gagala, Richard M. Johnson and Regina M. Anderson. Of counsel was Jeffrey S. Ward, Chicago, IL.

Cases that cite this one

217 later published cases cite this decision. The 24 that cite it most often are listed here.

YEDA RESEARCH AND DEVELOPMENT COMPANY LTD. v. Imclone Systems Inc. (District Court, S.D. New York 2006)
Dawson v. Dawson and Bowman (Fed. Cir. 2013)
Murdock Webbing Co., Inc. v. Dalloz Safety, Inc. (District Court, D. Rhode Island 2002)
The Broad Institute, Inc. v. the Regents of the University of California (Fed. Cir. 2025)
Hitzeman v. Rutter (Fed. Cir. 2001)
Cumberland Pharmaceuticals, Inc. v. Mylan Institutional LLC (District Court, N.D. Illinois 2015)
Tavory v. Ntp, Inc. (Fed. Cir. 2008)
Transocean Offshore Deepwater Drilling, Inc. v. Globalsantafe Corp. (District Court, S.D. Texas 2006)
Levin v. Septodont, Inc. (4th Cir. 2002)
Ferring B.V. v. Allergan, Inc. (District Court, S.D. New York 2016)
Dana-Farber Cancer Inst., Inc. v. Ono Pharm. Co. (District Court, District of Columbia 2019)
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. (United States District Court for the Northern District of California 2007)
Peter B. Cooper v. David Goldfarb (Fed. Cir. 2001)
Eli Lilly And Company v. Barr Laboratories, Inc. (Fed. Cir. 2001)
Eli Lilly & Co. v. Barr Laboratories, Inc. (Fed. Cir. 2001)
Ethicon, Inc. v. United States Surgical Corp. (United States District Court for the District of Connecticut 1996)
University of South Florida Board of Trustees v. United States (United States Court of Federal Claims 2019)
Vanderbilt University v. ICOS CORP. (Fed. Cir. 2010)
RITCHIE DEVELOPMENT, LTD. v. Roys (United States District Court Eastern District of Louisiana 2002)
University of Colorado Foundation, Inc. v. American Cyanamid Co. (United States District Court for the District of Colorado 2000)
Blue Gentian, LLC v. Tristar Products, Inc.<font color="red"> DO NOT FILE IN THIS CASE</font> TRANSFERRED TO NEWARK VICINAGE - NEW CIVIL NO. 2:13CV1758 (District Court, D. New Jersey 2021)
Onyx Therapeutics, Inc. v. CIPLA Limited (United States District Court for the District of Delaware 2020)
Blue Gentian, LLC v. Tristar Products, Inc.<font color="red"> DO NOT FILE IN THIS CASE</font> TRANSFERRED TO NEWARK VICINAGE - NEW CIVIL NO. 2:13CV1758 (District Court, D. New Jersey 2020)
Pfizer Inc. v. Teva Pharmaceuticals U.S.A., Inc. (United States District Court for the District of Delaware 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Concurring in Part

Case-law data current through December 31, 2025. Source: CourtListener bulk data.