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PREMO PHARMACEUTICAL LAB. v. USV LAB. INC.

No. 79 Civ. 2824.

481 F.Supp. 193 (1979)

PREMO PHARMACEUTICAL LABORATORIES, INC., Plaintiff, v. USV LABORATORIES, INC. and USV Pharmaceutical Corporation, Defendants.

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

July 3, 1979.

Attorney(s) appearing for the Case

Kirschstein, Kirschstein, Ottinger & Cobrin, P. C. by Peter T. Cobrin and Bertram Ottinger, New York City, for plaintiff.

Kenyon & Kenyon by Paul Lempel and Edwin Baranowski, New York City, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: APPLICATION FOR PRELIMINARY INJUNCTION

OWEN, District Judge.

1. This is a declaratory judgment patent action instituted by plaintiff Premo Pharmaceutical Laboratories, Inc. ("Premo") for a declaration, inter alia, that U.S. Patent 3,055,904 ("the '904 patent") is "invalid and void." Defendant USV Laboratories, Inc. ("USV") has counterclaimed against Premo for infringement of claim 3 of the '904 patent and...

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