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ZENITH LABORATORIES, INC. v. ELI LILLY AND CO.

Civ. A. No. 77-1804.

460 F.Supp. 812 (1978)

ZENITH LABORATORIES, INC., Plaintiff, v. ELI LILLY AND COMPANY, Defendant.

United States District Court, D. New Jersey.

July 7, 1978.

Attorney(s) appearing for the Case

Lewis B. Cohn, Sills, Beck, Cummis, Radin & Tischman, Newark, N. J., Alfred B. Engelberg, Amster & Rothstein, New York City, for plaintiff.

William H. Horton, McCarter & English, Newark, N. J., Edward N. Sherry, Jack Kaufman, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, D. Dennis Allegretti, Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill., for defendant.

MEANOR, District Judge.

This matter comes before the court on defendant's order to show cause seeking a preliminary injunction against plaintiff's alleged patent infringement and unfair competition. On August 30, 1977, plaintiff Zenith Laboratories, Inc. (hereinafter Zenith) brought suit against defendant Eli Lilly and Company (hereinafter Lilly) for a declaratory judgment of non-infringement and invalidity with regard to two of Lilly's patents covering compounds...

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