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PFIZER INC. v. PERRIGO CO.

No. 95 Civ. 5072 (DC).

933 F.Supp. 377 (1996)

PFIZER INC., Plaintiff, v. PERRIGO COMPANY and L. Perrigo Company, Defendants.

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

August 6, 1996.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil & Judlowe by Stephen B. Judlowe, William G. Todd, Porter F. Fleming, New York City and Pfizer Inc. (Paul H. Ginsburg, Grover F. Fuller Jr., Arthur A. Silverstein, of counsel), New York City, for Plaintiff.

Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein by John G. Gilfillan III, Roseland, New Jersey and Price, Heneveld, Cooper, DeWitt & Litton by Randall G. Litton, James A. Mitchell, Barry C. Kane, Harold W. Reick, Grand Rapids, Michigan, for Defendants.

MEMORANDUM DECISION

CHIN, District Judge.

In this action, Pfizer Inc. ("Pfizer") alleges that Perrigo Company and L. Perrigo Company (together, "Perrigo" or "defendants") infringed upon its patent and trade dress rights pertaining to its Plax® pre-brushing dental rinse product. Perrigo now moves for summary judgment on the patent infringement claims on the ground of patent invalidity. For the reasons discussed below, the motion is denied.

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