§Why CasetextPricing

IN RE CIPRO CASES I & II

Respondent, Bayer Corporation, Answer Brief on the Merits

93 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,761 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,445 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  3. Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg.

    545 U.S. 308 (2005)   Cited 3,219 times   47 Legal Analyses
    Holding "that the national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal-question jurisdiction."

  4. Christianson v. Colt Indus. Operating Corp.

    486 U.S. 800 (1988)   Cited 3,129 times   21 Legal Analyses
    Holding that the appeal belonged before the regional circuit because the claims did not arise under patent law

  5. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,854 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  6. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,184 times   80 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

  7. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.

    508 U.S. 49 (1993)   Cited 1,133 times   42 Legal Analyses
    Holding litigants immune from an antitrust claim under Noerr-Pennington immunity

  8. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,421 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  9. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,655 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  10. Reid v. Google, Inc.

    50 Cal.4th 512 (Cal. 2010)   Cited 1,087 times   16 Legal Analyses
    Holding that a high degree of foreseeability is required to impose a duty to hire security guards and that “the requisite degree of foreseeability rarely, if ever, can be proven in the absence of prior similar incidents of violent crime on the landowner's premises”

  11. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,046 times   1052 Legal Analyses
    Holding that testing is a "use"

  12. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,399 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

  13. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,896 times   136 Legal Analyses
    Granting a presumption of validity to patents

  14. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,246 times   338 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"

  15. Section 154 - Contents and term of patent; provisional rights

    35 U.S.C. § 154   Cited 761 times   258 Legal Analyses
    Granting twenty years for utility patents

  16. Section 355a - Pediatric studies of drugs

    21 U.S.C. § 355a   Cited 68 times   12 Legal Analyses

    (a) Definitions As used in this section, the term "pediatric studies" or "studies" means at least one clinical investigation (that, at the Secretary's discretion, may include pharmacokinetic studies) in pediatric age groups (including neonates in appropriate cases) in which a drug is anticipated to be used, and, at the discretion of the Secretary, may include preclinical studies. (b) Market exclusivity for new drugs (1) In general Except as provided in paragraph (2), if, prior to approval of an application

  17. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)