Burroughs Wellcome Co. v. Barr Laboratories, Inc.’s Empirical Analysis
40 F.3d 1223 · 1994
Citation profile
40 federal appellate · 41 district ·
How this case has been cited
Cited by 208 later decisions — most recently December 2022 · most notably Eli Lilly And Company v. Barr Laboratories, Inc. (2001), Cr Bard Inc v. M3 Systems Inc (1998)
40 federal appellate · 41 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
Applies 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act) · 35 U.S.C. § 102 · 35 U.S.C. § 112 · 35 U.S.C. § 116 · 35 U.S.C. § 256 · 35 U.S.C. § 271
Relies on Anderson v. Liberty Lobby, Inc. · Hybritech Inc. v. Monoclonal Antibodies, Inc. · Read Corporation Ft v. Portec Inc · Amgen, Inc. v. Chugai Pharmaceutical Co.
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 208 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An idea is definite and permanent when the inventor has a specific, settled idea, a particular solution to the problem at hand, not just a general goal or research plan he hopes to pursue.”
26 later decisions quote this exact passage · from the majority“the formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice.”
19 later decisions quote this exact passage · from the majority“only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.”
16 later decisions 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.