Roche Products, Inc. — patent litigation as plaintiff

Roche Products, Inc.

1 case as plaintiff.

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E.D. New York

1 case

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Roche Products, Inc. v. Bolar Pharmaceutical Co., Inc.

reversed and remanded

Docket:: CV 83-4312
Court:: U.S. District Court for the Eastern District of New York; originally U.S. District Court for the District of New Jersey

Patents:3299053

π Roche Products, Inc.Δ Bolar Pharmaceutical Co., Inc.

Roche sued Bolar for patent infringement of U.S. Patent No. 3,299,053, covering flurazepam hydrochloride (DALMANE), after Bolar conducted pre-expiration testing to obtain FDA approval. The district court held Bolar's testing was de minimis/experimental and not infringement, but the Federal Circuit reversed and remanded, holding that the testing infringed under 35 U.S.C. § 271(a). The decision led to the Bolar exemption and 35 U.S.C. § 271(e)(1).