BURROUGHS WELLCOME CO. v. BARR LABORATORIES, INC.

Nos. 91-41-CIV-4-H, 92-134-CIV-4-H, 92-156-CIV-4-H and 92-117-CIV-5-H.

828 F.Supp. 1200 (1993)

BURROUGHS WELLCOME CO., Plaintiff, v. BARR LABORATORIES, INC., Defendant, BURROUGHS WELLCOME CO., Plaintiff, v. NOVOPHARM, INC., Defendant, BURROUGHS WELLCOME CO., Plaintiff, v. NOVOPHARM LTD., Defendant. BURROUGHS WELLCOME CO., Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and the National Institutes of Health, Defendants.

United States District Court, E.D. North Carolina.

June 4, 1993.


Attorney(s) appearing for the Case

Thomas Curnin, New York City and Mark Ash, Raleigh, NC, for Burroughs Wellcome Co.

Daniel Webb, Chicago, IL and John A.J. Ward, New Bern, NC, for Barr Laboratories, Inc.

Robert Green, Chicago, IL and Rudolph Ashton, III, New Bern, NC, for Novopharm, Inc. and Novopharm, Ltd.

Robert B. Lanman, Chief, NIH Branch Office of Gen. Counsel, HHS, Bethesda, MD and Paul M. Newby, Asst. U.S. Atty., Office of U.S. Atty., Raleigh, NC, for Nat. Inst. of Health.


ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on two motions for partial summary judgment filed by plaintiff Burroughs Wellcome Co. ("BW Co."). BW Co. moves for partial summary judgment against defendants Barr Laboratories, Inc., ("Barr"), and Novopharm, Inc., and Novopharm Ltd. (together "Novopharm") that no employee of the National Institutes of Health ("the NIH") was an inventor of any

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