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BRISTOL-MYERS SQUIBB CO. v. BOEHRINGER INGELHEIM CORP.

No. CIV. A. 97-6050 (WHW).

85 F.Supp.2d 420 (2000)

BRISTOL-MYERS SQUIBB CO., Plaintiff, v. BOEHRINGER INGELHEIM CORP., Ben Venue Laboratories, Inc., and Bedford Laboratories, Defendants.

United States District Court, D. New Jersey.

March 1, 2000.

Attorney(s) appearing for the Case

Andrew T. Berry, McCarter & English, Newark, NJ, for Bristol-Meyers Squibb Co.

H. Curtis Meanor, Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, PC, Newark, NJ, for Ben Venue Laboratories, Inc., Bedford Laboratories.

OPINION

WALLS, District Judge.

Plaintiff Bristol-Myers Squibb ("Bristol") brings this motion for summary judgment to dismiss defendants' best mode defense under 35 U.S.C. § 112. Ben Venue opposes the motion. Bristol's motion is denied.

Background1

This motion centers on the relevance of purified Cremaphor (also called "Sandoz Cremaphor") to the two patents in suit, United States Patents 5,670,537 ("'537...

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