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MERCK & COMPANY v. OLIN MATHIESON CHEMICAL CORP.

Civ. A. No. 742.

152 F.Supp. 690 (1957)

MERCK & COMPANY, Inc., v. OLIN MATHIESON CHEMICAL CORP.

United States District Court W. D. Virginia Roanoke Division.

May 3, 1957.

Attorney(s) appearing for the Case

Woods, Rogers, Muse & Walker, Roanoke, Va., and Stephen H. Philbin (of Fish, Richardson & Neave), New York City, for plaintiff.

Penn, Stuart & Phillips, Abingdon, Va., and John T. Kelton (of Watson, Leavenworth, Kelton & Taggart), New York City, for defendant.

PAUL, Chief Judge.

This is an action for the alleged infringement of a patent, No. 2,703,302, issued March 1, 1955 on an application dated December 8, 1952. The plaintiff holds the patent as assignee of Edward L. Rickes and Thomas R. Wood, the claimed inventors.

The patent is entitled as relating to "Vitamin B12-Active Composition and Process of Preparing Same", and its object is stated in the patent as follows:

"This invention is concerned generally...

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