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ARMOUR PHARMACEUTICAL CO. v. RICHARDSON-MERRELL, INC.

Civ. A. No. 2421.

264 F.Supp. 1013 (1967)

ARMOUR PHARMACEUTICAL COMPANY, a Delaware corporation, Plaintiff, v. RICHARDSON-MERRELL, INC., a Delaware corporation, Defendant.

United States District Court D. Delaware.

March 1, 1967.

Attorney(s) appearing for the Case

Aaron Finger and Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, Del., Walter J. Blenko and Eugene F. Buell, of Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., and Carl C. Batz, Chicago, Ill., of counsel, for plaintiff.

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, Del., Charles J. Merriam, Jerome B. Klose, Allen H. Gerstein, of Merriam, Marshall, Shapiro & Klose, Chicago, Ill., and Harvey W. Edelblute, New York City, of counsel, for defendant.

OPINION

CALEB M. WRIGHT, Chief Judge.

Plaintiff, Armour Pharmaceutical Company (Armour), brings this declaratory judgment seeking to have defendant, Richardson-Merrell's (RM) patent Number 3,004,893 ('93) invalidated. RM has counterclaimed for infringement. Currently before the Court are cross motions for summary judgment. Armour moves for a summary judgment of invalidity, and RM seeks a "partial summary judgment" of infringement. The uncontested facts are...

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