Xechem, Inc., and Xechem International, Inc. v. Bristol-Myers Squibb Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a plaintiff pleads himself out of court when his complaint includes all the necessary ingredients of an impenetrable defense
• finding that an action taken to extend the five-year exclusivity period for -marketing a pharmaceutical was sufficient to restart the statute of limitations
• reversing dismissal of complaint and declining to affirm dismissal on the alternative ground that plaintiff had not shown injury even when it had not yet filed an ANDA
• “Only when the plaintiff pleads itself out of court--that is, admits all the ingredients of an impenetrable defense--may a complaint that otherwise states a claim be dismissed under Rule 12(b)(6).”
• “Complaints need not contain any information about defenses and may not be dismissed for that omission.”
• failure to “plead around” a likely affirmative defense is typically not a proper basis for dismissal

Source: CourtListener parenthetical corpus (CC0).