GENENTECH, INC. v. WELLCOME FOUNDATION LTD.

Civ. A. No. 88-330-JJF.

826 F.Supp. 828 (1993)

GENENTECH, INC., and Leuven Research & Development VZW, Plaintiffs, v. The WELLCOME FOUNDATION LIMITED, Wellcome Biotechnology Limited, Burroughs Wellcome Co., BW Manufacturing, Inc., Genetics Institute, Inc., GI Manufacturing, Inc., and Welgen Manufacturing, Inc., Defendants.

United States District Court, D. Delaware.

July 21, 1993.


Attorney(s) appearing for the Case

Howard M. Handelman, and Richard K. Herrmann, of Bayard Handelman & Murdoch, Wilmington, DE, D. Dennis Allegretti, and Stephen F. Sherry, of Allegretti & Witcoff, Chicago, IL, Stephen Raines, of Genentech, Inc., South San Francisco, CA, for plaintiffs.

Robert H. Richards, III, and Robert W. Whetzel, of Richards Layton & Finger, Wilmington, DE, James H. Wallace, Jr., John B. Wyss, and Craig A. Johnson, of Wiley Rein & Fielding, Washington, DC, Paul A. Holcombe, Jr., and Susan S. Dunn, of the Burroughs Wellcome Co., Research Triangle Park, NC, E. Anthony Figg, and William Enos, of Rothwell Figg Ernst & Kurz, Washington, DC, for Wellcome defendants.

Jeffrey B. Bove, of Connolly Bove Lodge & Hutz, Wilmington, DE, Edward A. Meilman, of Ostrolenk Faber Gerb & Soffen, New York City, James L. Quarles, III, of Hale & Dorr, Washington, DC, for Genetics defendants.


OPINION

FARNAN, District Judge.

Presently before the Court in this patent action is plaintiffs' motion for a permanent injunction. This action was tried to a jury in 1990 and resulted in a finding that the defendants infringed the plaintiffs' patents. Defendants moved for a judgment notwithstanding the verdict, which the Court denied. Genentech, Inc. v. Wellcome Foundation Ltd., 798 F.Supp. 213 (D.Del.1992...

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