MERCK & CO., INC., Petitioner,
v.
U.S. INTERNATIONAL TRADE COMMISSION, et al., Respondents.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
October 9, 1985.
October 9, 1985.
Attorney(s) appearing for the Case
James B. Kobak, Jr., Hughes, Hubbard & Reed, New York City, argued for petitioner. With him on brief were Robert J. Sisk, Theodore V.H. Mayer, William M. Thomas, Jr. and Ruth L. Piekarska.
Robert L. Banse and Mario A. Monaco, Merck & Co., Inc., of Rahway, N.J., of counsel.
Marcia H. Sundeen, Office of the Gen. Counsel, International Trade Com'n, Washington, D.C., argued for respondent ITC. With him on brief were Lyn M. Schlitt, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel.
Peter W. Gowdy, Cushman, Darby & Cushman, Washington, D.C., argued for respondent Mylan Pharmaceuticals. With him on brief were Carl G. Love, James T. Hosner and Kendrew H. Colton.
Andrew G. Fusco, Morgantown, West Va., of counsel.
Irving Wiesen, Bass & Ullman, of New York City, argued, for respondent Par Pharmaceuticals. With him on brief was Steven R. Trost.
Alfred B. Engelberg, Amster, Rothstein & Engelberg, New York City, argued, for respondents Zenith & ACIC.
Seymour B. Jeffries, Woodmere, N.Y., was on brief for respondent Gyma Laboratories of America, Inc.
Robert V. Marrow, Salon, Marrow, Dyckman & Trager, New York City, for respondent Chelsea Labs, Inc., et al.
Jerome H. Tick, Krieger & Tick, New York City, for respondent S.S.T.
Frances B. Bernstein, Pavia & Harcourt, New York City, for respondent Fabbrica Italiana.
Delia Doyle Rose, Haas, Boehm, Brown, Rigdon, Seacrest and Fisher, P.C., Daytona Beach, Fla., for respondent Ellis Pharm. I.
T. Mitchell Willey, Oppenheimer, Wolff, Foster, Shepard & Donnelly, Washington, D.C., for respondent, Industrie Chimiche Farmeuiche Italiane, SPA.
David A. Gantz, Oppenheimer, Wolff, Foster, Shepard & Donnelly, Washington, D.C., of counsel.
Before FRIEDMAN, DAVIS and NIES, Circuit Judges.
United States Court of Appeals, Federal Circuit.
FRIEDMAN, Circuit Judge.
This is a petition by Merck & Co., Inc. (Merck), for review of a determination of the United States International Trade Commission (Commission) summarily terminating an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 (1982). The investigation involved the importation into the United States of a product manufactured abroad by a process that allegedly violated Merck's patent covering the process. We reverse...
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