Eli Lilly & Co. v. Medtronic, Inc.

Eli Lilly & Co. v. Medtronic, Inc.

Argued February 26, 1990
Decided June 18, 1990
Full case name Eli Lilly & Co. v. Medtronic, Inc.
Docket nos. 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
Prior history Certiorari to the Circuit Court of Appeal for the Federal Circuit.
Subsequent history Rehearing Denied, August 14, 1990, Reported at 1990 U.S. LEXIS 3730.
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
Chief Justice
William Rehnquist
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

References


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