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BAYER AG v. BARR LABORATORIES, INC.

No. 92 Civ. 0381 (WK).

798 F.Supp. 196 (1992)

BAYER AG and Miles, Inc., Plaintiffs, v. BARR LABORATORIES, INC., Defendant.

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

Addendum to Opinion, November 10, 1992.

Attorney(s) appearing for the Case

Gerald Sobel, Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiffs.

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

OPINION AND ORDER

WHITMAN KNAPP, District Judge.

Plaintiffs Bayer AG, a German corporation, and Miles, Inc., its wholly owned United States subsidiary (collectively, "plaintiff") move pursuant to Fed.Rule of Civ. Pro. 56(c) for partial summary judgment. Plaintiff filed the instant suit against defendant Barr Laboratories, Inc. alleging patent infringement pursuant to 35 U.S.C. § 271(e)(2). Defendant's Answer and Counterclaim asserted in two affirmative...

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