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CIBA-GEIGY CORP. v. BOLAR PHARMACEUTICAL CO., INC.

Civ. A. No. 82-788.

547 F.Supp. 1095 (1982)

CIBA-GEIGY CORPORATION, Plaintiff, v. BOLAR PHARMACEUTICAL CO., INC., Defendant.

United States District Court, D. New Jersey.

August 11, 1982.

Attorney(s) appearing for the Case

Pitney, Hardin, Kipp & Szuch by Frederick L. Whitmer, Morristown, N. J., Kaye, Scholer, Fierman, Hays & Handler by Randolph S. Sherman, New York City, for plaintiff.

Bendit, Weinstock & Sharbaugh by James F. Keegan, West Orange, N. J., Fitch, Even, Tabin, Flannery & Welsh by Robert B. Jones, Chicago, Ill., for defendant.

OPINION

SAROKIN, District Judge.

INTRODUCTION

Although the battle over "look-alike" drugs raises difficult legal issues, the realities of these repeated skirmishes should not be ignored. The brand name companies have spent years and substantial monies in developing and promoting their product. They not only create the drug but establish a market for it. By virtue of their advertising campaigns, doctors...

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