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| Eli Lilly & Co. v. Medtronic, Inc. | |
|---|---|
 Supreme Court of the United States | |
| Argued February 26, 1990 Decided June 18, 1990 | |
| Full case name | Eli Lilly and Company v. Medtronic, Inc. |
| Docket no. | 89-243 |
| Citations | 496 U.S. 661 (more)110 S. Ct. 2683; 110 L. Ed. 2d 605; 1990 U.S. LEXIS 3184; 58 U.S.L.W. 4838; 15 U.S.P.Q.2d (BNA) 1121 |
| Case history | |
| Prior | Judgment for plaintiff, 696 F. Supp. 1033 (E.D. Pa. 1988); reversed, 872 F.2d 402 (Fed. Cir. 1989); rehearing en banc denied, 879 F.2d 849 (Fed. Cir. 1989); cert. granted, 493 U.S. 889 (1989). |
| Subsequent | Rehearing Denied, August 14, 1990, 1990 U.S. LEXIS 3730; remanded to District Court, 915 F.2d 670 (1990). |
| Holding | |
| Section 271(e)(1) exempts from infringement the use of patented inventions reasonably related to the development and submission of information needed to obtain marketing approval of medical devices under the FDCA. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia, joined by Rehnquist, Brennan, Marshall, Blackmun, Stevens |
| Dissent | Kennedy, joined by White |
| O'Connor took no part in the consideration or decision of the case. | |
| Laws applied | |
| 35 U.S.C. § 271 | |
Eli Lilly and Company v. Medtronic, Inc., 496 U.S. 661 (1990), is a United States Supreme Court case related to patent infringement in the medical device industry. It held that 35 U.S.C. § 271(e)(1) of United States patent law exempted premarketing activity conducted to gain approval of a device under the Federal Food, Drug, and Cosmetic Act from a finding of infringement.
See also
- Medtronic, Inc. v. Lohr (1996)
- Riegel v. Medtronic, Inc. (2008)
- List of United States Supreme Court cases, volume 496
References
- 35 U.S.C. § 271(e)(1).
- Eli Lilly & Co. v. Medtronic, Inc., 496 U.S. 661 (1990).
External links
- Text of Eli Lilly & Co. v. Medtronic, Inc., 496 U.S. 661 (1990) is available from: Cornell CourtListener Google Scholar Justia Library of Congress Oyez (oral argument audio)
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