SCHERING-PLOUGH HEALTHCARE PROD. v. SCHWARZ PHARMA

Nos. 09-1438, 09-1462, 09-1601.

586 F.3d 500 (2009)

SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC., Plaintiff-Appellant/Cross-Appellee, v. SCHWARZ PHARMA, INC. and Kremers Urban, LLC, Defendants-Appellees, Breckenridge Pharmaceuticals, Inc. and Paddock Laboratories, Inc., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 2009.


Attorney(s) appearing for the Case

Brian D. Baird, Borgelt, Powell, Peterson, & Frauen, Milwaukee, WI, Emily Johnson Henn (argued), Covington & Burling, Washington, DC, for Plaintiff-Appellant.

Anthony S. Baish, Godfrey & Kahn, Milwaukee, WI, James P. Ellison, Hyman, Phelps & McNamara, Washington, DC, Lisa M. Arent, Whyte Hirschboeck Dudek, Milwaukee, WI, C. Randolph Ross, Breckenridge Pharmaceuticals, Inc., Berlin, CT, Robert P. Charrow, Greenberg Traurig, LLP, Washington, DC, Richard A. Edlin (argued), Greenberg Traurig, New York, NY, for Defendants-Appellees.

Before POSNER, FLAUM, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name "MiraLAX." MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name "GlycoLax"), but...

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