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ARMOUR PHARMACEUTICAL CO. v. RICHARDSON-MERRELL, INC.

No. 16779.

396 F.2d 70 (1968)

ARMOUR PHARMACEUTICAL COMPANY, a Delaware Corporation v. RICHARDSON-MERRELL, INC., a Delaware Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided May 17, 1968.

Attorney(s) appearing for the Case

Charles J. Merriam, Merriam, Marshall, Shapiro & Klose, Chicago, Ill. (Allen H. Gerstein, Chicago, Ill., on the brief), for appellant.

Walter J. Blenko, Blenko, Leonard & Buell, Pittsburgh, Pa. (Max S. Bell, Jr., Wilmington, Del., Eugene F. Buell, Pittsburgh, Pa., Richards, Layton & Finger, Wilmington, Del., on the brief), for appellee.

Before BIGGS, McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The plaintiff-appellee Armour Pharmaceutical Company (Armour) brought suit against defendant Richardson-Merrell, Inc. (RM) seeking a declaratory judgment of invalidity and non-infringement of United States Patent 3,004,893 ('93) issued to Dr. Gustav J. Martin and assigned to R. M.1 Upon cross motions for summary judgment the District Court, basing its decision on stipulations, depositions...

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