TorPharm, Inc. v. Thompson’s Empirical Analysis

Citation profile

4 federal appellate · 5 district ·

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that the FDA acted reasonably in not departing from its well-settled rule that a section viii statement and paragraph IV certification cannot be filed as to the same patent, [and that] the agency's corresponding conclusion that no applicant was entitled to exclusivity on the '479 patent must be upheld.”

   1 later decision quote this exact passage · from the majority
   e.g. Purepac Pharmaceutical Co. v. Thompson

2. “in the absence of some indication that it conflicts with any of the constraints on the agency's regulatory authority, is inconsistent with the agency's own prior pronouncements, or is otherwise poorly reasoned or unpersuasive. There are no such indications here.”

   1 later decision quote this exact passage · from the majority
   e.g. Purepac Pharmaceutical Co. v. Thompson

3. “the breadth of agency discretion is, if anything, at zenith when the action assailed relates primarily not to the issue of ascertaining whether conduct violates the statute, or regulations, but rather to the fashioning of policies, remedies and sanctions.”

   1 later decision quote this exact passage · from the majority
   e.g. Purepac Pharmaceutical Co. v. Thompson