ELI LILLY AND CO. v. PREMO PHARMACEUTICAL LABS.

No. 79-1954.

630 F.2d 120 (1980)

ELI LILLY AND COMPANY v. PREMO PHARMACEUTICAL LABORATORIES, INC., Federal Pharmacal, Inc., Seymour N. Blackman, Steven Blackman, John Blackman, Appellants, v. Richard D. WOOD, C. Harvey Bradley, Jr., Earl B. Herr, Jr., Cornelius W. Pettinga, Eugene L. Step and Arthur R. Whale, Additional defendants on the Counterclaim.

United States Court of Appeals, Third Circuit.

Decided July 11, 1980.


Attorney(s) appearing for the Case

Edward N. Sherry, New York City, for plaintiff-appellee Eli Lilly and Co.; Jack Kaufmann, J. Jay Rakow, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, D. Dennis Allegretti, Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill., Arthur R. Whale, Walter E. Buting, Indianapolis, Ind., of counsel.

David B. Kirschstein (argued), Kirschstein, Kirschstein, Ottinger & Cobrin, P. C., New York City, for defendants-appellants Premo Pharmaceutical Laboratories, Inc., et al.

Before ADAMS, VAN DUSEN and GARTH, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

On this appeal from an order granting preliminary injunctive relief in a patent case, we are presented inter alia with the provocative question whether, in determining that a new chemical compound was "nonobvious" in view of prior art, all of the properties of the drug may be considered, or whether the structural similarity between the new compound and the prior art constitutes a per se bar to patentability. Appellant...

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