IMPERIAL CHEMICAL INDUSTRIES, PLC v. BARR LABORATORIES

No. 87 Civ. 7833 (VLB).

795 F.Supp. 619 (1992)

IMPERIAL CHEMICAL INDUSTRIES, PLC, Plaintiff, v. BARR LABORATORIES, Defendant.

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

April 20, 1992.


Attorney(s) appearing for the Case

Lawrence A. Hymo, Cushman, Darby & Cushman, Washington, D.C., James F. Rittinger, Satterlee, Stephens, Burke & Burke, New York City, for plaintiff.

Myron Cohen, Cohen, Pontani & Lieberman, New York City, for defendant.


OPINION

VINCENT L. BRODERICK, Senior District Judge.

I

This case involves the issue of whether a patent on a pharmaceutical product can be sustained where information containing test results on a given species of animals contrary to the results intended to occur in humans, was deliberately withheld from the patent examiner, and was not reflected in the patent as issued. This opinion contains my findings of fact and conclusions of law, some of which...

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