SYNTEX PHARMACEUTICALS v. K-LINE PHARMACEUTICALS

Civ. A. Nos. 85-2814, 85-2949.

721 F.Supp. 653 (1989)

SYNTEX PHARMACEUTICALS INTERNATIONAL, LTD., Plaintiff, v. K-LINE PHARMACEUTICALS, LTD. and Drug Guild Distributors, Inc., Defendants. T.J. ROACO, LTD., Plaintiff, v. SYNTEX PHARMACEUTICALS INTERNATIONAL, LTD., v. Laura BLACKMAN and Fred Klap, Additional Counterclaim Defendants.

United States District Court, D. New Jersey.

As Amended October 19, 1989.


Attorney(s) appearing for the Case

Richard D. Catenacci, Liza M. Walsh, Connell, Foley & Geiser, Roseland, N.J., James W. Gould, Michael N. Berg, Stephen R. Smith, Karen L. Staff, Morgan & Finnegan, New York City, for Syntex Pharmaceuticals Intern., Ltd.

Charles C. Abut, Lowen & Abut, Fort Lee, N.J., Gerard F. Diebner, James M. Rhodes, Jr., Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, for K-Line Pharmaceuticals, Ltd.

Thomas J. Spies, Walder, Sondak, Berkeley & Brogan, Roseland, N.J., Peter T. Cobrin, Cobrin & Godsberg, New York City, for T.J. Roaco, Ltd.


OPINION

WOLIN, District Judge.

This case demonstrates the danger of a legitimate attempt to design around a patent. If one misreads the patent, one may very well end up squarely within the claims of the patent that one has carefully sought to avoid. Because the Court finds no material issue of fact and finds that the accused product literally infringes the patent-insuit, the Court will grant the patent holder's motion for summary judgment of infringement...

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