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SMITHKLINE BEECHAM CONSUMER v. WATSON PHARM., INC.

No. 99 Civ. 9214(DC).

63 F.Supp.2d 467 (1999)

SMITHKLINE BEECHAM CONSUMER HEALTHCARE, L.P., Plaintiff, v. WATSON PHARMACEUTICALS, INC., et al., Defendants.

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

September 10, 1999.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges LLP, New York City, by Helene D. Jaffe, R. Bruce Rich, Bruce S. Meyer, Jonathan Bloom, Elizabeth Forminard, for Plaintiff.

Howrey & Simon, Washington, DC, by Joseph P. Lavelle, David M. Morris, June E. Cohan, Frommer Lawrence & Haug, LLP, New York City, by Barry S. White, James K. Stronski, for Defendants.

MEMORANDUM DECISION

CHIN, District Judge.

In this case of first impression, plaintiff, the manufacturer of a national brand nicotine gum, seeks to enjoin defendants from marketing a competing generic version of the nicotine gum with "labeling" — an instructional booklet and audio tape — that is "strikingly or substantially similar" to plaintiffs "labeling." Defendants' principal defense to the claim of copyright infringement is that...

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