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  5. 843 F.2d 1378 (1988)
 

ELI LILLY & CO. v. PREMO PHARMACEUTICAL LAB., INC.

Nos. 87-1373, 87-1380.

843 F.2d 1378 (1988)

ELI LILLY AND COMPANY, Plaintiff-Appellant, v. PREMO PHARMACEUTICAL LABORATORIES, INC., Federal Pharmacal, Inc., Seymour N. Blackman, Steven Blackman and John Blackman, Defendants-Appellees, VITARINE PHARMACEUTICALS, INC., Cross-Appellant, v. Richard D. WOOD, C. Harvey Bradley, Jr., Cornelius W. Pettinga, Eugene L. Step and Arthur R. Whale, Counterclaim Defendants.

United States Court of Appeals, Federal Circuit.

April 7, 1988.

Attorney(s) appearing for the Case

Paul H. Berghoff, Allegretti, Newitt, Witcoff & McAndrews, Ltd., Chicago, Ill., argued, for plaintiff-appellant. With him on the brief, was D. Dennis Allegretti.

Stanley Lieberstein, Ostrolenk, Faber, Gerb & Soffen, New York City, argued, for cross-appellant. With him on the brief, was Edward A. Meilman.

Before BISSELL and MAYER, Circuit Judges and COWEN, Senior Circuit Judge.

OPINION

MAYER, Circuit Judge.

These cross-appeals are from an order of the United States District Court for the District of New Jersey, 4 USPQ2d 1080 (1987), that Vitarine Pharmaceuticals, Inc. (Vitarine) is not in contempt of an earlier order enjoining Premo Pharmaceutical Laboratories, Inc. (Premo) from infringing certain Eli Lilly and Company (Eli Lilly) patents. The court held that although Vitarine is a successor in interest to Premo bound by the injunction...

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