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BURROUGHS WELLCOME & CO. v. ELI LILLY & CO.

No. 341.

150 F.2d 946 (1945)

BURROUGHS WELLCOME & CO. (U. S. A.), Inc., v. ELI LILLY & CO.

Circuit Court of Appeals, Second Circuit.

August 17, 1945.

Attorney(s) appearing for the Case

Hauff & Warland, of New York City (William E. Warland, Harry Lea Dodson, and William F. Weber, all of New York City, of counsel), for plaintiff-appellant.

Maxwell Barus, of New York City (Maxwell Barus, of New York City, George B. Schley, of Indianapolis, Ind., and Frank M. Nolan, of New York City, of counsel), for defendant-appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The issues on this appeal are whether claim 2 of the plaintiff's United States Patent No. 2,161,198, granted to it on June 6, 1939, as the assignee of Laszlo Reiner, the applicant, for an "Insulin Preparation" is valid and, if valid, whether it has been infringed by the defendant.

Insulin was discovered by Banting and his fellow workers in 1922. In about a year standard insulin, as later adopted by the United States Pharmacopoeia, which...

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