Maruho Co. v. Miles Inc‪.‬

BREYER, Chief Judge. Miles, Inc., invented and patented a pain-killing drug called Xorphanol. In 1984, Miles gave Pars Pharmaceutical Co. the exclusive right throughout the world to make, have made, use and sell Xorphanol, in return for which Pars promised to pay a royalty and to use reasonable efforts directly or through its subcontractors to develop one or more compounds . . . to the point of [obtaining] . . . government . . . approval for . . . [Xorphanol's] therapeutic use . . . . In 1988, Pars sublicensed the plaintiff in this lawsuit, Maruho, Inc., to develop Xorphanol ""compounds"" and to sell them in Japan.