YAMANOUCHI PHARMA. CO. v. DANBURY PHARMA., INC.

Nos. 97 CIV. 3403 RO, 97 CIV. 8357 RO.

51 F.Supp.2d 302 (1999)

YAMANOUCHI PHARMACEUTICAL CO., LTD., and Merck & Co., Inc., Plaintiffs, v. DANBURY PHARMACAL, INC., and Schein Pharmaceutical, Inc., Defendants. Yamanouchi Pharmaceutical Co., Ltd., And Merck & Co., Inc., Plaintiffs, v. Marsam Pharmaceuticals, Inc., and Schein Pharmaceutical, Inc. Defendants.

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

June 1, 1999.


Attorney(s) appearing for the Case

Fitzpatrick, Cella, Harper & Scinto, New York City, Robert L. Baechtold, Hugh C. Barrett, Brian V. Slater, for Plaintiff Yamanouchi Pharmaceutical Co.

William Krovatin, Rahway, NJ, Arnold White & Durkee, Houston, TX, John F. Lynch, for Plaintiff Merck & Co., Inc.

Cummings & Lockwood, Stamford, CT, Barry Kramer, Steven J. Moore, James Jakobsen, for Defendants.


MEMORANDUM AND ORDER

OWEN, District Judge.

I presided over the trial here that lasted four days in April 1998. I found that the defendants willfully infringed the plaintiffs' patent for famotidine in violation of the Hatch-Waxman Act, Yamanouchi Pharmaceutical Co. v. Danbury Pharmacal, Inc., 21 F.Supp.2d 366, 378 (S.D.N.Y.1998), familiarity with which is assumed. I found that this case constituted an...

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