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GLAXO, INC. v. NOVOPHARM LTD.

No. 91-759-CIV-5-BO.

830 F.Supp. 869 (1993)

GLAXO, INC. and Glaxo Group Limited, Plaintiffs, v. NOVOPHARM LTD., Defendant.

United States District Court, E.D. North Carolina, Raleigh Division.

August 4, 1993.

Attorney(s) appearing for the Case

Joseph W. Eason, Moore & Van Allen, Raleigh, NC, Stephen B. Judlowe, William G. Todd, Janet B. Linn, Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, Stuart J. Land, Steven P. Lockman, Arnold & Porter, Washington, DC, for plaintiff.

John R. Wallace, Kirby, Wallace, Creech, Sarda & Zaytoun, Raleigh, NC, Robert F. Green, Jeffrey S. Ward, Leydig, Voit & Mayer, Chicago, IL, for defendant.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

On June 2, 1993, defendant Novopharm received certain documents in discovery which it contends show that plaintiff Glaxo failed to disclose the "best mode" for producing ranitidine hydrochloride in its application for the patent in suit. Based upon these documents, Novopharm has moved for summary judgment on the grounds that the patent in suit is invalid. As set out below, the court does not believe Novopharm...

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