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BARR LABORATORIES, INC. v. ABBOTT LABORATORIES

No. 77, Docket 88-7376.

867 F.2d 743 (1989)

BARR LABORATORIES, INC., Plaintiff-Appellee, v. ABBOTT LABORATORIES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1989.

Attorney(s) appearing for the Case

Frederick T. Davis, New York City (Saul B. Shapiro, Patterson, Belknap, Webb & Tyler, New York City, Catherine A. Sazdanoff, Abbott Laboratories, Chicago, Ill., of counsel), for defendant-appellant.

Michael F. Fitzgerald, New York City (John D. D'Ercole, Kissam & Halpin, New York City, of counsel), for plaintiff-appellee.

Before OAKES, Chief Judge, and MINER and ALTIMARI, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellee Barr Laboratories, Inc. ("Barr") and defendant-appellant Abbott Laboratories ("Abbott") are manufacturers of pharmaceutical products. Among those products is a broad spectrum antibiotic drug produced by both parties. Although its patent rights in the drug have expired, Abbott continues to market the product under a brand name. Barr competes with Abbott by distributing the antibiotic under a generic name. Accusing Abbott of...

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