IN RE ELI LILLY & CO.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for appellant. With him on the brief was Herbert H. Mintz. Also on the brief were Leroy Whitaker and Joseph A. Jones, Eli Lilly & Co., Indianapolis, Ind., of counsel.

John H. Raubitschek, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol.

William H. Epstein, Hoffmann-La Roche Inc., Nutley, N.J., argued for intervenor, Hoffmann-La Roche Inc. With him on the brief were Christopher K. Hu and Patricia S. Rocha. Also on the brief was John C. Vassil, Morgan & Finnegan, New York City.

Before NEWMAN and MICHEL, Circuit Judges, and NICHOLS, Senior Circuit Judge.