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SK&F, CO. v. PREMO PHARMACEUTICAL LABORATORIES

Civ. A. No. 79-3434.

481 F.Supp. 1184 (1979)

SK&F CO., Plaintiff, v. PREMO PHARMACEUTICAL LABORATORIES, INC., Defendant.

United States District Court, D. New Jersey.

December 19, 1979.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey, Newark, N. J. by Donald R. Dunner, Washington, D. C., for the plaintiff.

Podvey & Sachs, Newark, N. J. by David B. Kirschstein, New York City, for the defendant.

OPINION

BIUNNO, District Judge.

SK&F markets an oral diuretic under the brand name DYAZIDE, and the proofs show without contradiction that it has been so marketed since 1965 in a No. 3 hard gelatin capsule, half maroon and half white. The medication is a prescription drug consisting of 50 mg. of triamterene and 25 mg. of hydrochlorothiazide plus inert ingredients.

The application of triamterene (a previously known substance) for use as a diuretic...

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