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CIBA-GEIGY CORP. v. ALZA CORP.

Civ. A. No. 91-5286.

864 F.Supp. 429 (1994)

CIBA-GEIGY CORPORATION, Plaintiff, v. ALZA CORPORATION and Marion Merrell Dow Inc., Defendants.

United States District Court, D. New Jersey.

As Amended October 24, 1994.

Attorney(s) appearing for the Case

Robert Fettweis, Fleming, Roth & Fettweis, Newark, NJ, and Arthur D. Gray, James Galbraith, Kenyon & Kenyon, New York City, for plaintiff.

George J. Kenny, Lisa M. Walsh, Connell, Foley & Geiser, Roseland, NJ, and Thomas V. Heyman, Theresa M. Gillis, Jones, Day, Reavis & Pogue, New York City, for defendants.

OPINION

WOLIN, District Judge.

Before the Court is the motion by defendants Alza Corporation ("Alza") and Marion Merrell Dow Inc. ("MMD") (collectively "defendants") for summary judgment on the ground that plaintiff Ciba-Geigy Corporation's patent is invalid. Defendants argue plaintiff's patent was anticipated under 35 U.S.C. § 102(b) and obvious under 35 U.S.C. § 103. For the reasons expressed below, this Court will grant defendants' motion...

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