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GENENTECH, INC. v. NOVO NORDISK A/S

No. 96-1440.

108 F.3d 1361 (1997)

GENENTECH, INC., Plaintiff-Appellee, v. NOVO NORDISK, A/S, Novo Nordisk Of North America, Inc. and Novo Nordisk Pharmaceuticals, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing In Banc Declined May 12, 1997.

Attorney(s) appearing for the Case

Leora Ben-Ami, Rogers & Wells, New York City, argued, for plaintiff-appellee. With her on the brief were John E. Kidd, Nicholas L. Coch, Joseph Ferraro, Philip E. Roux, and Gerard P. Norton. Of counsel was Ryan Trainer, Rogers & Wells, Washington, D.C.

Albert L. Jacobs, Jr., Graham & James LLP, New York City, argued, for defendant-appellants. With him on the brief were Jesse D. Reingold, Gerard F. Diebner, and Daniel A. Ladow. Of counsel on the brief were John C. Vassil, Kurt E. Richter and Kenneth H. Sonnenfeld, Morgan & Finnegan, LLP, New York City. Of counsel were Brad S. Needleman and Andrew T. Solomon, Graham & James.

Before ARCHER, Chief Judge, LOURIE, and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

Novo Nordisk A/S, Novo Nordisk of North America, Inc., and Novo Nordisk Pharmaceuticals, Inc. (collectively "Novo") appeal from the order of the United States District Court for the Southern District of New York, issuing a preliminary injunction in favor of Genentech, Inc., enjoining Novo from importing, marketing, using, selling, offering for sale or distributing its Norditropin ®-brand recombinant human growth hormone (hGH)

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