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NOVO NORDISK A/S v. BECTON DICKINSON AND CO.

No. 96 Civ.9506(BSJ).

96 F.Supp.2d 309 (2000)

NOVO NORDISK A/S, Novo Nordisk of North America, Inc. and Novo Nordisk Pharmaceuticals Inc., Plaintiffs, v. BECTON DICKINSON AND COMPANY, Defendant.

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

May 8, 2000.

Attorney(s) appearing for the Case

John Paul Reiner, Robert B. Smith, White & Case, New York City, Edward V. Filardi, Skadden, Arps, Slate, Meagher & Flom, LLP, New York City, for Plaintiffs.

Douglas Sharrott, Fitzpatrick Cella Harper & Scinto, New York City, for Defendant.

OPINION and ORDER

JONES, District Judge.

Defendant Becton Dickinson has moved for summary judgment on four issues arguing: (1) that the '535 patent, '323 patent, and the '906 patent are invalid as anticipated under 35 U.S.C. § 102(b) in view of a June 1991 issue of Novo Nordisk's informational brochure, Medview, containing an article by Lene Lytzen; (2) that all claims of the '323 patent and claims 11-14 of the '906...

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