MERCK & CO., INC. v. BIOCRAFT LABORATORIES, INC.

No. 88-1513.

874 F.2d 804 (1989)

MERCK & CO., INC., Plaintiff-Appellee, v. BIOCRAFT LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 7, 1989.

Suggestion for Rehearing Declined July 3, 1989.


Attorney(s) appearing for the Case

Joseph M. Fitzpatrick, Fitzpatrick, Cella, Harper & Scinto, New York City, argued, for plaintiff-appellee. With him on the brief, were Nicholas M. Cannella and Lawrence Alaburda. Also on the brief, was John J. Francis, Jr., Shanley & Fisher, P.C., Morristown, N.J., of counsel.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued, for defendant-appellant. With him on the brief, were Robert D. Bajefsky and Carol P. Einaudi. Also on the brief, was Beryl L. Snyder, Biocraft Laboratories, Inc., Elmwood Park, N.J., of counsel.

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


Suggestion for Rehearing In Banc Declined July 3, 1989.

OPINION

MAYER, Circuit Judge.

Merck & Co., Inc. sued Biocraft Laboratories, Inc. for infringement of its patent, U.S. Patent No. 3,781,430. The United States District Court for the District of New Jersey held that Biocraft failed to show by clear and convincing evidence that the patent was invalid or unenforceable, and enjoined Biocraft from commercially making, using, and selling the claimed...

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