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BARR LABORATORIES, INC. v. ABBOTT LABORATORIES

No. 92-5014.

978 F.2d 98 (1992)

BARR LABORATORIES, INC., Appellant, v. ABBOTT LABORATORIES, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 23, 1992.

Attorney(s) appearing for the Case

Anthony S. Genovese, (Argued) John D. D'Ercole, Robinson, Brog, Leinwand, Reich, Genovese & Gluck, P.C., New York City, for appellant.

Catherine A. Sazdanoff, Abbott Laboratories, Chicago, Ill., and Suzanne M. McSorley, Smith, Stratton, Wise, Heher & Brennan, Princeton, N.J., and Theodore B. Van Itallie, Jr., (Argued) Jeffrey M. Zimmerman, Philip Bein, Patterson, Belknap, Webb & Tyler, New York City, for appellee.

Before HUTCHINSON, COWEN and WEIS, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Barr Laboratories, Incorporated (Barr) appeals a judgment of the United States District Court for the District of New Jersey granting summary judgment to appellee Abbott Laboratories (Abbott). The district court exercised subject matter jurisdiction pursuant to 28 U.S.C.A. §§ 13311 and 13372, and 15 U.S.C.A. §§ 15

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