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GLAXO INC. v. BOEHRINGER INGELHEIM CORP.

No. 3:95CV01342(GLG).

954 F.Supp. 469 (1996)

GLAXO INC., Glaxo Group Limited, and Hanburys Limited, Plaintiffs, v. BOEHRINGER INGELHEIM CORPORATION and Boehringer Ingelheim Chemicals, Inc., Defendants.

United States District Court, D. Connecticut.

November 19, 1996.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil & Judlowe by Dennis J. Mondolino, Jeffrey A. Hovden, Joan McGillycuddy, New York City, for Plaintiffs.

Cohen, Pontani, Lieberman & Pavane by Martin B. Pavane, Michael C. Stuart, New York City, for Defendants.

Memorandum Decision

GOETTEL, District Judge.

Defendants Boehringer Ingelheim Corporation and Boehringer Ingelheim Chemicals, Inc. (collectively referred to as "Boehringer") have moved this Court for Partial Summary Judgment (Document # 131) in their favor on the grounds (1) that Boehringer's Abbreviated New Drug Application ("ANDA") filed under 21 U.S.C. § 355(j) does not per se constitute an act of infringement of Glaxo's

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