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MERCK & CO. v. CHASE CHEMICAL COMPANY

Civ. A. No. 270-62.

273 F.Supp. 68 (1967)

MERCK & CO., Inc., Plaintiff, v. CHASE CHEMICAL COMPANY, Arroyo Pharmaceutical Corporation, Sidney Chasman and Randolph Chasman, Defendants.

United States District Court D. New Jersey.

September 1, 1967.

Attorney(s) appearing for the Case

Shanley & Fisher, Newark, N. J., by Frank L. Bate, Newark, N. J., Ward, Haselton, McElhannon, Orme, Brooks & Fitzpatrick, by Joseph M. Fitzpatrick, Charles B. Cannon and Laurence F. Scinto, New York City, of counsel, for plaintiff.

Dughi, Johnstone & O'Dwyer, Westfield, N. J., by Louis J. Dughi, Westfield, N. J., Davis, Hoxie, Faithfull & Hapgood, by John Hoxie and William Kilgannon, New York City, of counsel, for defendants.

OPINION

AUGELLI, District Judge:

This is an action for infringement of United States Letters Patent No. 2,563,794 ('794 patent) and No. 2,703,302 ('302 patent). The subject matter is vitamin B-12 and vitamin B-12 active compositions.

Plaintiff Merck & Co., Inc. (Merck) is a New Jersey corporation, having a place of business in Rahway, New Jersey, and is the owner, by assignment, of the '794 and '302...

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