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ORTHO PHARMACEUTICAL CORP. v. COSPROPHAR, INC.

No. 91 Civ. 3003 (CHT).

828 F.Supp. 1114 (1993)

ORTHO PHARMACEUTICAL CORPORATION, Plaintiff, v. COSPROPHAR, INC., Defendant.

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

August 10, 1993.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City (Thomas C. Morrison, Andrew D. Schau, David C. McIntyre, and Madonna M. Malin of Johnson & Johnson, of counsel), for plaintiff.

Piper & Marbury, New York City (I. Scott Bass, Alfred Ferrer III and Diane C. McEnroe, of counsel), for defendant.

OPINION and ORDER

TENNEY, District Judge:

Plaintiff Ortho Pharmaceutical Corporation ("Ortho"), a Delaware corporation and wholly owned subsidiary of Johnson and Johnson, Inc., brought this suit in 1991 alleging false description and representation of goods in interstate commerce pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1993) and sections 349 and 350 of the New York General Business Law (McKinney 1988). Defendant Cosprophar...

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