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NOVO NORDISK OF NO. AMERICA v. GENENTECH, INC.

No. 94 Civ. 8634 (CBM).

885 F.Supp. 522 (1995)

NOVO NORDISK OF NORTH AMERICA, INC., Novo Nordisk Pharmaceuticals, Inc., and Novo Nordisk A/S, Plaintiffs, v. GENENTECH, INC., Defendant.

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

May 4, 1995.

Attorney(s) appearing for the Case

Albert L. Jacobs, Jr., Mark H. Sparrow, Jesse D. Reingold, Jennifer A. Coen, Rosenman & Colin, New York City, for plaintiffs.

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

DEFENDANT'S MOTION TO DISMISS CLAIMS THREE AND FOUR OF PLAINTIFFS' COMPLAINT

MOTLEY, District Judge.

In this case, plaintiffs seek a declaratory judgment that United States Patent Nos. 4,342,832 (th '832 patent), 4,601,980 (the '980 patent), 4,366,246 (the '246 patent), and 5,221,619 (the '619 patent) are invalid and not infringed by plaintiffs. This action arises under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and the patent laws...

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