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BIO-TECHNOLOGY GENERAL CORP. v. GENENTECH, INC.

No. 95 Civ. 0110 (CBM).

886 F.Supp. 377 (1995)

BIO-TECHNOLOGY GENERAL CORP., Plaintiff, v. GENENTECH, INC., Rogers & Wells, and John E. Kidd, Defendants.

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

May 16, 1995.

Attorney(s) appearing for the Case

Norman Zivin, John White, Cooper & Dunham LLP, New York City, for Bio-Technology Gen. Corp.

James Ringer, Nicholas Coch, John Kidd, Rogers & Wells, New York City, for Genentech.

Kenneth Conboy, Patrick Loughlin, Mudge Rose Guthrie Alexander & Ferdon, New York City, for Rogers & Wells, John Kidd.

OPINION

MOTLEY, District Judge.

DEFENDANTS' MOTION TO DISMISS CLAIMS 2 AND 5-12 OF THE COMPLAINT

This is a related case to Novo Nordisk v. Genentech which also involves some of the same patents on human growth hormone. In this case, plaintiff seeks a declaratory judgment that United States Patent Nos. 4,342,832 (the '832 patent), 4,601,980 (the '980 patent), and 5,221,619 (the '619 patent) are invalid and not infringed by plaintiff. This...

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