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EVANS MEDICAL LTD. v. AMERICAN CYANAMID CO.

No. 96 Civ. 3529(WCC).

980 F.Supp. 132 (1997)

EVANS MEDICAL LTD., Medeva plc, SmithKline Beecham Biologicals S.A., SmithKline Beecham Biologicals Manufacturing S.A. and SmithKline Beecham Corporation, Plaintiffs, v. AMERICAN CYANAMID COMPANY, Takeda Chemical Industries, Ltd. and American Home Products Corporation, Defendants. AMERICAN CYANAMID COMPANY, Takeda Chemical Industries, Ltd. and American Home Products Corporation, Counterclaim Plaintiffs, v. EVANS MEDICAL LTD., Medeva plc, Glaxo Wellcome plc, Glaxo Wellcome Inc., SmithKline Beecham Biologicals S.A., SmithKline Beecham Biologicals Manufacturing S.A. and SmithKline Beecham Corporation, Counterclaim Defendants.

United States District Court, S.D. New York.

November 21, 1997.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, NY (Paul H. Heller, George E. Badenoch, Richard S. Gresalfi, Estelle J. Tsevdos, of counsel), for Defendants and Counterclaim Plaintiffs.

Cahill Gordon & Reindel (a partnership including a professional corporation) New York City, NY (Thomas F. Curnin, James E. Rosenfeld, of counsel), for Counterclaim Defendants Glaxo Wellcome plc and Glaxo Wellcome Inc.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiffs Evans Medical Ltd. ("Evans"), Medeva plc ("Medeva"), and SmithKline Beecham Biologicals S.A., SmithKline Beecham Biologicals Manufacturing S.A. and SmithKline Beecham Corporation (collectively, "SmithKline"), brought suit against defendants American Cyanamid Company ("Cyanamid"), Takeda Chemical Industries, Ltd. ("Takeda") and American Home Products Corporation ("AHP") in February 1995...

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