The case is about Burroughs Wellcome's ownership of six patents related to the use of AZT to treat HIV or AIDS. Barr, Novopharm, and Novopharm appealed against the district court's order that the patents were not invalid and were infringed. Burroughs Wellcome sued Barr for patent infringement after Barr sought FDA approval to manufacture and market a generic version of AZT. The district court granted Burroughs Wellcome's motion for judgment, concluding that the inventors had conceived of the subject matter of the inventions before February 6, 1985, without the assistance of certain individuals. The case is remanded, and the dispute between the parties is about when the inventors conceived the invention.
Burroughs Wellcome Co. v. Barr Laboratories, Inc. (1994)
United States Court of Appeals for the Federal Circuit
40 F.3d 1223
Learn more about this case at
https://www.lsd.law/briefs/view/burroughs-wellcome-co-v-barr-laboratories-inc-119051383
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