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ZUMBRO, INC. v. MERCK AND CO., INC.

No. 90 C 2507.

819 F.Supp. 1387 (1993)

ZUMBRO, INC., a Minnesota corporation, Plaintiff, v. MERCK AND CO., INC., a New Jersey corporation, Defendant.

United States District Court, N.D. Illinois, E.D.

March 4, 1993.

Attorney(s) appearing for the Case

George Pellegrin McAndrews, McAndrews, Held & Malloy, P.C., Chicago, IL and Edward W. Murray, Merck & Co., Inc., Rahway, NJ, for defendant/counterclaimant.

Paul William O'Malley, Jr., Walsh, Case, Coale & Brown, and Ralph Everett Brown and Judith L. Borden, Schuyler, Roche & Zwirner, Chicago, IL, for plaintiff/counterdefendant.

ORDER

NORGLE, District Judge.

Before the court is Magistrate Judge Rebecca R. Pallmeyer's 83-page Report and Recommendation (the "Report"), dated November 13, 1992, which recommends: (1) granting Merck's motion for summary judgment asserting that all claims of Zumbro's patent are invalid on account of the inventors' failure to comply with the best mode requirement of 35 U.S.C. § 112; (2) or alternatively, granting Merck's motion for summary judgment...

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