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PFIZER INC. v. F & S ALLOYS AND MINERALS CORP.

No. 93 Civ. 7160 (MEL).

856 F.Supp. 808 (1994)

PFIZER INC., Plaintiff, v. F & S ALLOYS AND MINERALS CORPORATION, Defendant.

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

July 1, 1994.

Attorney(s) appearing for the Case

Dennis J. Mondolino, and Richard E. Parke, Hopgood, Calimafde, Kalil & Judlowe, New York City, for plaintiff.

Darby & Darby, P.C., New York City, for defendant; David R. Francescani and Joseph R. Robinson, of counsel.

LASKER, District Judge.

Pfizer Inc., a domestic manufacturer of pharmaceutical products and chemicals, owns United States Patent No. 4,028,717 (issued April 4, 1978), which claims a process for the manufacture of the flavor enhancers maltol and ethyl maltol. Pfizer has been the exclusive producer of maltol in the United States for the past 15 years. The Pfizer patent expires in April 1995.

In 1988, Congress amended...

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