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CHAS. PFIZER & CO. v. OLIN MATHIESON CHEMICAL CORP.

Civ. A. Nos. 5082, 5083, 5084.

131 F.Supp. 21 (1955)

CHAS. PFIZER & CO., Inc., v. OLIN MATHIESON CHEMICAL CORPORATION. CHAS. PFIZER & CO., Inc., v. The UPJOHN COMPANY. CHAS. PFIZER & CO., Inc., v. BRISTOL LABORATORIES, Inc.

United States District Court N. D. Georgia, Atlanta Division.

March 17, 1955.

Attorney(s) appearing for the Case

Ernest P. Rogers, Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., Arthur G. Connolly, Connolly, Cooch & Bove, Wilmington, Del., for plaintiff.

Robert B. Troutman, Griffin B. Bell, Spalding, Sibley, Troutman & Kelley, Atlanta, Ga., Charles H. Walker, Henry J. Zafian, Fish, Richardson & Neave, New York City, Charles J. Merriam, Chicago, Ill., for defendants.

SLOAN, District Judge.

The plaintiff, Pfizer (by assignment from Lloyd H. Conover, patentee), is the owner of United States Patent No. 2,699,054 issued January 11, 1955, which contains claims to tetracycline, its salts, and antibiotic compositions containing the products.

These three actions were filed on the day the patent issued, and they charge the defendants with having infringed the patent. They charge the defendants with having manufactured and sold...

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