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ORTHO PHARMACEUTICAL CORP. v. SMITH

Nos. 91-1147, 91-1157.

959 F.2d 936 (1992)

ORTHO PHARMACEUTICAL CORPORATION, Plaintiff-Appellant, v. Herchel SMITH and American Home Products Corporation, Defendants/Cross-Appellants. WYETH-AYERST LABORATORIES, Defendant-Appellee, v. JOHNSON & JOHNSON CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 19, 1992.

Attorney(s) appearing for the Case

Stephen B. Judlowe, Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, argued, for plaintiff-appellant and defendant-appellant. With him on the brief were Dennis J. Mondolino and Marguerite Del Valle.

Paul H. Heller, Kenyon & Kenyon, New York City, argued, for defendants/cross-appellants and defendant-appellee. With him on the brief were Scott A. Wisser, Steven J. Lee, Jean Barish and Thomas J. Meloro. Also on the brief were Egon E. Berg and Robert Wiser, American Home Products Corporation, New York City, of counsel.

Before NIES, Chief Judge, COWEN, Senior Circuit Judge, and MICHEL, Circuit Judge.

NIES, Chief Judge.

Ortho Pharmaceutical Corporation and Johnson & Johnson Corporation appeal from the judgment of the United States District Court for the Eastern District of Pennsylvania holding claims 5, 19, 40, and 43 of U.S. Patent No. 3,959,322 (the '322 patent) not invalid. 18 USPQ2d 1977, 1990 W 121353 (1990). Appellants concede infringement. American Home Products Corporation and Dr. Herchel Smith cross-appeal from (1) the district court's denial of attorney...

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