EVANS MEDICAL LTD. v. AMERICAN CYANAMID CO.

No. 96 Civ. 3529(WCC).

11 F.Supp.2d 338 (1998)

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, 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.

June 10, 1998.


Attorney(s) appearing for the Case

Richards & O'Neil, LLP, New York City (Edward L. Powers, of counsel), Robins, Kaplan, Miller & Ciresi L.L.P., Atlanta, GA, (A. James Anderson, Brent J. Kaplan, of counsel), Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN (Michael V. Ciresi, Ronald L. Schutz, of counsel), Popovich & Wiles, PA, Minneapolis, MN (Thomas E. Popovich, Patrick J. O'Connell, of counsel), for Plaintiffs Evans Medical Ltd. & Medeva PLC.

Briccetti & Calhoun, White Plains, NY (Vincent L. Briccetti, of counsel), Covington & Burling, Washington, DC (William D. Iverson, Michael A. Dawson, Adriana S. Luedke, of counsel), for Plaintiffs SmithKline Beecham Biologicals S.A., SmithKline Beecham Biologicals Mfg. S.A. and SmithKline Beecham Corp.

Kenyon & Kenyon, New York City (Paul H. Heller, George E. Badenoch, Estelle J. Tsevdos, Frederick H. Rein, of counsel), for Defendants and Counterclaim Plaintiffs American Cyanamid Co., Takeda Chemical Industries, Ltd. and American Home Products Corp.


OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

This is an action for alleged infringement of three United States patents on acellular antigens and vaccines for pertussis, or whooping cough. The patents were issued in the name of Pavel Novotny on applications filed by his employer, Burroughs Wellcome Foundation Ltd. ("Burroughs Wellcome"). Plaintiff Medeva PLC ("Medeva") purchased the vaccine business of Burroughs Wellcome and the patents...

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