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CARTER-WALLACE, INC. v. DAVIS-EDWARDS PHARMACAL CORP.

No. 889, Docket 71-1256.

443 F.2d 867 (1971)

CARTER-WALLACE, INC., Plaintiff-Appellee, v. DAVIS-EDWARDS PHARMACAL CORP., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 4, 1971.

Attorney(s) appearing for the Case

Charles R. Brainard, New York City (Kenyon & Kenyon, Reilly, Carr & Chapin, Richard K. Parsell, Robert H. Morse, Nathaniel D. Kramer, Stuart J. Sinder, George E. Badenoch, New York City, and William H. Bisnoff, Woodside, N. Y., of counsel), for defendant-appellant.

George B. Finnegan, Jr., New York City, (Morgan, Finnegan, Durham & Pine, William D. Denson, Jerome G. Lee, John D. Foley and George P. Hoare, Jr., Breed, Abbott & Morgan, Edward J. Ross, Stephen R. Lang and Louis A. Mangone, New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.

FRIENDLY, Circuit Judge:

Davis-Edwards Pharmacal Corporation, now in an arrangement proceeding under Chapter XI of the Bankruptcy Act in the Eastern District of New York, appeals from an order of that court granting a preliminary injunction against its conceded infringement of the United States Patent 2,724,720 (Claim 4) for a drug known generally as meprobamate, issued on November 22, 1955, to Frank M. Berger and Bernard...

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