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ROCHE PRODUCTS v. BOLAR PHARMACEUTICAL CO.

Appeal No. 84-560.

733 F.2d 858 (1984)

ROCHE PRODUCTS, INC. Appellant, v. BOLAR PHARMACEUTICAL CO., INC., Appellee.

United States Court of Appeals, Federal Circuit.

April 23, 1984.

Attorney(s) appearing for the Case

John C. Vassil, New York City, argued for appellant. With him on the brief were Stephen R. Smith, J. Robert Dailey, Janet Dore, New York City, Ralph N. Del Deo and Ann G. McCormick, Newark, N.J.

Robert V. Marrow, New York City, argued for appellee. With him on the brief were Leo Salon, Joel Salon, David L. Shandalow and Jacques Catafago, New York City.

Peter Barton Hutt and Bruce J. Brennan, Washington, D.C., were on the brief for Pharmaceutical Manufacturers Ass'n, amicus curiae.

Alfred B. Engelberg, Morton Amstar and Anthony F. LoCicero, New York City, were on the brief for Pharmaceutical Industry Ass'n as amicus curiae.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and KASHIWA, Circuit Judge.

NICHOLS, Senior Circuit Judge.

This is an appeal from a judgment entered on October 14, 1983, in which the United States District Court 572 F.Supp. 255 for the Eastern District of New York held United States Patent No. 3,299,053 not infringed and denied relief. We reverse and remand.

I

At stake in this case is the length of time a pharmaceutical company which has a patent on the active ingredient...

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