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BIOCRAFT LABORATORIES, INC. v. MERCK & CO., INC.

No. Civ. 77-693.

532 F.Supp. 1068 (1980)

BIOCRAFT LABORATORIES, INC., Plaintiff, v. MERCK & CO., INC., Defendant.

United States District Court, D. New Jersey.

October 2, 1980.

Attorney(s) appearing for the Case

Franzblau & Falkin, Newark, N. J., for plaintiff; Robert J. Bajefsky and Donald R. Dunner, Washington, D. C., of counsel.

Shanley & Fisher, by Frank L. Bate, Newark, N. J., for defendant; Nels T. Lippert and Carroll Harper, New York City, of counsel.

OPINION

BIUNNO, District Judge.

Merck & Co. (Merck) manufactures and markets a pharmaceutical medication, amitriptyline HCL, under the trade name ELAVIL*. The medication is described as a white or practically white crystalline powder freely soluble in water. Merck has marketed it since April, 1961.

Biocraft Laboratories, Inc., (Biocraft) a generic drug competitor, also markets amitriptyline HCL (though it does not...

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