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AMERICAN CYANAMID v. FERMENTA ANIMAL HEALTH

No. 94-5413.

54 F.3d 177 (1995)

AMERICAN CYANAMID COMPANY, Appellant, v. FERMENTA ANIMAL HEALTH COMPANY, a Delaware corporation.

United States Court of Appeals, Third Circuit.

Opinion Vacated April 26, 1995.

Submitted on Rehearing March 28, 1995.

Decided May 8, 1995.

Attorney(s) appearing for the Case

John Vanderstar (argued), Christopher N. Sipes, Covington & Burling, Washington, DC and Donald A. Robinson, Robinson, St. John & Wayne, Newark, NJ (Ronald J. Cracas, Jane Y.C. Mathews, American Cyanamid Co., Wayne, NJ, of counsel), for appellant.

Clinton R. Batterton (argued), Edward John Allera, Naomi Joy Levan, Akin, Gump, Strauss, Hauer & Feld, Washington, DC (James B. Daniels, Friedman Siegelbaum, Roseland, NJ and Lars H. Liebeler, The Robinson Law Firm, Washington, DC, of counsel), for appellee.

Before: STAPLETON, HUTCHINSON and ROSENN, Circuit Judges.

Submitted Pursuant to LAR 34.1(a) on Panel Rehearing March 28, 1995.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The issue in this case is whether a 1980 contract between the parties and a 1983 amendment thereto conveyed to American Cyanamid Company ("Cyanamid") perpetual rights to use the federal regulatory authority of Fermenta Animal Health Company ("Fermenta") to market an animal feed supplement. Cyanamid marketed the drug under the trademark...

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