| Eli Lilly & Co. v. Medtronic, Inc. | ||||||
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Supreme Court of the United States |
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| Argued February 26, 1990 Decided June 18, 1990 |
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| 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 |
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| 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 | ||||||
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| 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. | ||||||
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.