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AMERICAN HOME PRODUCTS CORP. v. CHELSEA LABORATORIES, INC.

Civ. No. 81-3351.

572 F.Supp. 278 (1982)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. CHELSEA LABORATORIES, INC. and Zenith Laboratories, Inc., Defendants.

United States District Court, D. New Jersey.

August 5, 1982.

Attorney(s) appearing for the Case

Meyner & Landis by William Fiore, Newark, N.J., Attys.; Cooper, Dunham, Clark, Griffin & Moran by Marie V. Driscoll, New York City and Steven J. Baron, New York City, Of Counsel, for plaintiff.

Siegel & Barz by Shelley Siegel, Montclair, N.J., Attys.; Salon, Marrow, Dyckman, Killman & Trager by Robert W. Marrow, New York City, of counsel, for defendant Chelsea.

Ribis, McCluskey & Sweeney by Nicholas L. Ribis, Short Hills, N.J., Attys.; Amster, Rothstein & Engelberg by Alfred B. Engelberg, New York City, of counsel, for defendant Zenith.

MEMORANDUM

BIUNNO, Senior District Judge.

This suit involves the manufacture and sale of a prescription medication called "conjugated estrogens" in the U.S. Pharmocopeia (U.S.P.), which plaintiff markets under the registered trademark "PREMARIN", in pumpkin-seed or oval shaped tablets of four dosages, each in a different color, see Biocraft v. Merck, 532 F.Supp. 1068 (D.C.D.N.J.1980).

The defendants are...

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