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ELI LILLY AND CO. v. AMERICAN CYANAMID CO.

No. 95-1489.

82 F.3d 1568 (1996)

ELI LILLY AND COMPANY, Plaintiff-Appellant, v. AMERICAN CYANAMID COMPANY, Defendant-Appellee, and Biocraft Laboratories, Inc., Defendant-Appellee, and Zenith Laboratories, Inc., Defendant-Appellee, and Biochimica Opos, S.p.A., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined July 2, 1996.

Attorney(s) appearing for the Case

Paul H. Berghoff, Banner & Allegretti, Ltd., Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were Edward W. Remus and James C. Gumina. Of counsel were Edward P. Gray and Richard B. Murphy, Eli Lilly and Company, Indianapolis, Indiana.

Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, New York City, argued for defendant-appellee American Cyanamid Company. With him on the brief were Thomas H. Beck and David F. Ryan. Of counsel was Lawrence Alaburda, American Home Products Corporation, Madison, New Jersey.

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, New Jersey, argued for defendant-appellee Zenith Laboratories, Inc. With him on the brief were Arnold H. Krumholz and Roy H. Wepner. Of counsel was Jay B. Shapiro, Ivax Corporation, Miami, Florida.

James Galbraith and Maria Luisa Palmese, Kenyon & Kenyon, New York City, were on the brief, for defendant-appellee Biochimica Opos, S.p.A.

Before CLEVENGER, RADER, and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 2, 1996.

Opinion for the court filed by Circuit Judge BRYSON. Concurring opinion filed by Circuit Judge RADER.

BRYSON, Circuit Judge.

The ongoing struggle between "pioneer" drug manufacturers and generic drug distributors has once more come before our court. Eli Lilly and Company (Lilly), the "pioneer" drug manufacturer in this case, has filed suit for patent infringement against the...

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