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NOVO NORDISK A/S v. BECTON DICKINSON AND CO.

No. 96 CIV. 9506(BSJ).

997 F.Supp. 470 (1998)

NOVO NORDISK A/S, Novo Nordisk of, North America, Inc. and Novo Nordisk Pharmaceuticals Inc., Plaintiffs, v. BECTON DICKINSON AND COMPANY, Defendant. BECTON DICKINSON AND COMPANY, Cross-Claimant, v. NOVO NORDISK A/S, Novo Nordisk of, North America, Inc. and Novo Nordisk Pharmaceuticals Inc., Cross-Defendants.

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

March 12, 1998.

Attorney(s) appearing for the Case

Edward V. Filardi, Carol A. Witschel, White & Case, New York, NY, for Cross-Defendants.

Robert A. Atkins, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Cross-Claimant.

OPINION & ORDER

JONES, District Judge.

Cross-claimant Becton Dickinson and Company ("Becton") counterclaims against cross-defendants Novo Nordisk A/S, Novo Nordisk of North America, Inc. and Novo Nordisk Pharmaceuticals Inc. (collectively "Novo") alleging that certain promotional materials distributed by Novo constitute false advertising in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and

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