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MERCK & CO., INC. v. DANBURY PHARMACAL, INC.

No. 89-1046.

873 F.2d 1418 (1989)

MERCK & CO., INC., Plaintiff-Appellant, v. DANBURY PHARMACAL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 2, 1989.

Attorney(s) appearing for the Case

Joseph M. Fitzpatrick, Fitzpatrick, Cella, Harper & Scinto, of New York City, argued for plaintiff-appellant. With him on the brief were Nicholas M. Cannella and Frederick M. Zullow. Also on the brief were E. Norman Veasey and Robert W. Whetzel, Richards, Layton & Finger, of Wilmington, Delaware and Edward W. Murray, Merck & Co., Inc., of Rahway, N.J.

Alfred B. Engelberg, of Carmel, N.Y., argued for defendant-appellee. Also on the brief for defendant-appellee was Jeffrey M. Weiner, of Wilmington, Del.

Before MARKEY, Chief Judge, SMITH and MAYER, Circuit Judges.

MARKEY, Chief Judge.

Merck & Co., Inc. (Merck) appeals from a judgment of the United States District Court for the District of Delaware (Schwartz, C.J.), 694 F.Supp. 1 (D.Del. 1988), holding its U.S. Patent No. 3,882,246 ('246) unenforceable because of inequitable conduct. We affirm.

BACKGROUND

Presuming familiarity with Chief Judge Schwartz' comprehensive opinion, we describe here only the basic procedural...

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