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CHAS. PFIZER & CO. v. GENERIC FORMULAE, INC.

No. 67 C 581.

275 F.Supp. 421 (1967)

CHAS. PFIZER & CO., Inc., Plaintiff, v. GENERIC FORMULAE, INC., and William Broder, Defendants.

United States District Court E. D. New York.

August 3, 1967.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for plaintiff.

Samuel E. Kezsbom, Brooklyn, N. Y., for defendants.

MEMORANDUM

(Incorporating Findings of Fact) and ORDER

DOOLING, District Judge.

Defendant corporation makes a specialty of distributing by way of catalogue-and-mail-order sales under their "generic" names (i. e., chemical or technical as distinguished from proprietary names) pharmaceutical products that are in wide use. At a date preceding June 16, 1967, defendant, having satisfied itself that plaintiff's patent (No. 2,516,080) on oxytetracycline...

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