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INNOMED LABS, LLC v. ALZA CORP.

Docket No. 02-9491.

368 F.3d 148 (2004)

INNOMED LABS, LLC, Plaintiff-Counter-Defendant — Appellant, v. ALZA CORPORATION, Defendant-Counter-Claimant — Appellee, Johnson & Johnson, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 14, 2004.

Attorney(s) appearing for the Case

Paul F. Corcoran, Davis & Gilbert, LLP (Jennifer Tafet Klausner and Jennifer L. Schatzman, on the brief), New York, NY, for plaintiff-counter-defendant-appellant.

Harold P. Weinberger, Kramer Levin Naftalis & Frankel LLP (Jennifer L. Rochon, on the brief), New York, NY, for defendant-counter-claimant-appellee.

Before: SOTOMAYOR, and WESLEY, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Plaintiff-appellant Innomed Labs, LLC ("Innomed") appeals from a judgment of the United States District Court for the Southern District of New York (Baer, J.) following a jury trial. Innomed and defendant-appellee ALZA Corporation ("ALZA") entered into a Distribution and Supply Agreement (the "Distribution Agreement") that gave Innomed the semi-exclusive right to distribute ALZA's patented pharmaceutical...

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