Yamanouchi Pharmaceutical Co., Ltd. And Merck & Co., Inc. v. Danbury Pharmacal, Inc., Schein Pharmaceutical, Inc., and Marsam Pharmaceuticals, Inc.

How courts have described this case

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

• finding that “an ordinary medicinal chemist” would not have expected the specific chemical structure to have the “most desirable combination of pharmacological properties”
• stating that the evidence showing that “the pharmaceutical industry at large was attempting to improve upon existing [anti-ulcer drugs] with only a small number of producers coming close to success” supports court’s conclusion of nonobviousness
• “In assessing whether a case qualifies as exceptional, the district court must look at the totality of the circumstances”
• “If activity alone was the sole motivation, other more active compounds would have been the obvious choices.”
• “In assessing whether a case qualifies as exceptional, the district court must look at the totality of the circumstances.”
• “Danbury did not show sufficient motivation for one of ordinary skill in the art at the time of invention to take [the step of] ... selecting example 44 as a lead compound”

Source: CourtListener parenthetical corpus (CC0).