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CHAS. PFIZER & CO. v. OLIN MATHIESON CHEMICAL CORP.

Nos. 15552-15554.

225 F.2d 718 (1955)

CHAS. PFIZER & CO., Inc., v. OLIN MATHIESON CHEMICAL CORPORATION. CHAS. PFIZER & CO., Inc. v. The UPJOHN COMPANY. CHAS. PFIZER & CO., Inc. v. BRISTOL LABORATORIES, Inc.

United States Court of Appeals Fifth Circuit.

September 16, 1955.

Attorney(s) appearing for the Case

Ernest P. Rogers, Thomas C. Shelton, Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga. (Arthur G. Connolly, Thomas Cooch, Connolly, Cooch & Bove, Wilmington, Del., of counsel), for appellant-petitioner.

Robert B. Troutman, Griffin B. Bell, Atlanta, Ga., Raymond F. Adams, New York City, Spalding, Sibley, Troutman & Kelley, Atlanta, Ga. (Roger T. McLean, Adams, Forward & McLean, New York City, of counsel), for Olin Mathieson Chemical Corp.

Robert B. Troutman, Griffin B. Bell, Atlanta, Ga., Charles J. Merriam, Chicago, Ill., Spalding, Sibley, Troutman & Kelley, Atlanta, Ga. (Merriam & Lorch, Chicago, Ill., of counsel), for Upjohn Co.

Robert B. Troutman, Griffin B. Bell, Atlanta, Ga., Charles H. Walker, New York City, Spalding, Sibley, Troutman & Kelley, Atlanta, Ga. (Henry J. Zafian, Fish, Richardson & Neave, New York City, of counsel), for Bristol Laboratories, Inc.

Before HUTCHESON, Chief Judge, JONES, Circuit Judge, and CHRISTENBERRY, District Judge.

JONES, Circuit Judge.

Lloyd H. Conover made application for a patent on an antibiotic entitled Tetracycline. He made an assignment to Chas. Pfizer & Co., Inc., herein called Pfizer. Patent No. 2,699,054 was issued on January 11, 1955. On the same day Pfizer brought three suits in the Atlanta Division of the United States District Court for the Southern District of Georgia alleging infringement of the patent and praying for injunctions, damages, attorneys' fees...

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