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UPJOHN COMPANY v. ITALIAN DRUGS IMPORTING CO.

190 F.Supp. 361 (1961)

UPJOHN COMPANY, Plaintiff, v. ITALIAN DRUGS IMPORTING CO., Inc., Delmond Pharmaceutical Corporation and Ignazio Piracci, Defendants.

United States District Court S. D. New York.

January 9, 1961.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City (Ralph L. Chappell, Francis T. Carr, New York City, of counsel); Joseph K. Andonian, Esq., Kalamazoo, Mich., for plaintiff.

John P. Chandler, New York City, for defendants.

MacMAHON, District Judge.

This is an action for patent infringement tried by the Court without a jury. The patent involved was issued to John T. Correll on March 29, 1949 for a surgical sponge made of gelatin foam hardened to water insolubility and absorbable by a living body in from ten to ninety days.

Plaintiff, The Upjohn Company, a Michigan corporation, is assignee of the patent and manufactures and sells the surgical sponge under the trademark "Gelfoam...

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