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McNEILAB, INC. v. AMERICAN HOME PRODUCTS CORP.

No. 79 Civ. 3973.

501 F.Supp. 517 (1980)

McNEILAB, INC., Plaintiff, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant.

United States District Court, S. D. New York.

As Amended November 21, 1980.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City, Arnold & Porter, Washington, D. C., Townley & Updike, New York City, for plaintiff; David F. Dobbins, Karl E. Seib, Jr., Gene M. Bauer, New York City, Peter K. Bleakley, William W. Vodra, Maxwell J. Mehlman, John M. Quinn, Vicki J. Divoll, Hamish R. Sandison, Washington, D. C., John Paul Reiner, Mark D. Geraghty, New York City, of counsel.

Charles F. Hagan, William P. Woods, New York City, for defendant.

LASKER, District Judge.

In June, 1979, American Home Products Corporation ("AHP"), the manufacturer of the non-prescription internal analgesic Anacin, began a nationwide advertising campaign for a new analgesic preparation, Maximum Strength Anacin ("MSA"). In this action, McNeilab, Inc. ("McNeil"), the manufacturer of the competing non-prescription internal analgesic Extra Strength Tylenol, seeks an injunction barring AHP from making three advertising claims in its...

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