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McNEILAB, INC. v. AMERICAN HOME PRODUCTS CORP.

No. 1071, Docket 88-7010.

848 F.2d 34 (1988)

McNEILAB, INC., Plaintiff-Appellee, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 26, 1988.

Attorney(s) appearing for the Case

Samuel W. Murphy, Jr., New York City (Steven M. Edwards, John A. Redmon, Davis, Markel & Edwards, New York City, Stuart J. Land, Steven P. Lockman, Duane K. Thompson, Arnold & Porter, Washington, D.C., on the brief; Charles F. Hagan, William P. Woods, Egon E. Berg, American Home Products Corp., New York City, of counsel), for defendant-appellant American Home Products Corp.

David F. Dobbins, New York City (Gregory L. Diskant, Frederick B. Campbell, Patterson, Belknap, Webb & Tyler, New York City, of counsel), for plaintiff-appellee McNeilab, Inc.

Before KAUFMAN, PIERCE and ALTIMARI, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The ongoing competition between McNeilab, Inc. (McNeil), a wholly owned subsidiary of Johnson & Johnson, Inc., and American Home Products Corporation (AHP), rival pain reliever manufacturers, has brought anything but relief to the federal courts. Instead, repeated and protracted litigation has created a substantial headache. The competitive battlefield has shifted from the shelves of supermarkets and drugstores to the courtroom...

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