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AMERICAN HOME PROD. CORP. v. JOHNSON AND JOHNSON

No. 77 Civ. 1363.

436 F.Supp. 785 (1977)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. JOHNSON AND JOHNSON and McNeil Laboratories, Inc., Defendants.

United States District Court, S. D. New York.

Amended Opinion August 29, 1977.

Attorney(s) appearing for the Case

Darby & Darby, New York City, for plaintiff; Morris Relson, Michael J. Sweedler, S. Peter Ludwig, New York City, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for defendant-counterclaimant; George S. Frazza, David F. Dobbins, Catherine R. Nathan, New York City, of counsel.

OPINION

STEWART, District Judge.

Plaintiff American Home Products Corporation ("AHP") manufactures and distributes the brand-name drug Anacin through it marketing subsidiary Whitehall Laboratories. The defendant McNeil Laboratories, Inc. ("McNeil"), a subsidiary of defendant Johnson and Johnson, manufactures and distributes the brand-name drug Tylenol. Both Anacin and Tylenol are mild internal analgesics which are sold over-the-counter ("OTC") without a...

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