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KEY PHARMACEUTICALS, INC. v. HERCON LABORATORIES CORP.

Civil Action No. 95-479-RRM.

981 F.Supp. 299 (1997)

KEY PHARMACEUTICALS, INC., Plaintiff, v. HERCON LABORATORIES CORPORATION, Defendant.

United States District Court, D. Delaware.

September 30, 1997.

Attorney(s) appearing for the Case

Josy W. Ingersoll, James P. Hughes, Jr., Young, Conaway, Stargatt & Taylor, Wilmington, DE; John O. Tramontine, Duane-David Hough, Thomas J. Vetter, John M. Desmarais, and Louis W. Zehil, Fish & Neave, New York City; for plaintiff.

Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Sheldon I. Landsman, Scott M. Daniels, Brett S. Sylvester, Sughrue, Mion, Zinn, MacPeak & Seas, Washington, D.C.; for defendant.

OPINION

McKELVIE, District Judge.

This is a patent case. Plaintiff Key Pharmaceuticals, Inc. ("Key") is the owner of U.S. Patent No. 5,186,938 ("the '938 patent"). Key alleges that defendant Hercon Laboratories Corporation ("Hercon") has infringed claim 14 of the '938 patent. Hercon has denied infringement and has asserted certain affirmative defenses. Hercon has also brought a counterclaim for a declaratory judgment that the '938 patent is invalid, unenforceable...

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