Biovail Corporation International Biovail Laboratoriesinc Galephar Pr Inc Ltd v. Andrx Pharmaceuticals Inc’s Empirical Analysis
239 F.3d 1297 · 2001
Citation profile
14 federal appellate · 5 district ·
How this case has been cited
Cited by 70 later decisions — most recently April 2025 · most notably Alloc Inc Nv Ab v. International Trade Commission (2003), Conoco Inc Conoco Specialty Products Inc v. Energy & Environmental International Lc B N (2006)
14 federal appellate · 5 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · United States v. United States Gypsum Co. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Markman v. Westview Instruments, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When multiple patents derive from the same initial application, the prosecution history regarding a claim limitation in any patent that has issued applies with equal force to subsequently issued patents that contain the same claim limitation.”
2 later decisions quote this exact passage · from the majority“[W]e review both the specification and the applicable prosecution history to determine whether the patentee defined claim terminology in a manner inconsistent with its ordinary meaning.”
2 later decisions quote this exact passage · from the majority“It shall be an act of infringement to submit an application under section 505(j) of the Federal Food, Drug, and Cosmetic Act [i.e., an ANDA] ... for a drug claimed in a patent or the use of which is claimed in a patent, ... if the purpose of such submission is to obtain approval under such Act to engage in the commercial manufacture, use, or sale of a drug ... claimed in a patent or the use of which is claimed in a patent before the expiration of such patent.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.