American Cyanamid Company v. Fermenta Animal Health Company, a Delaware Corporation
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
The issue in this case is whether a 1980 contract between the parties and a 1983 amendment thereto conveyed to American Cyanamid Company (“Cyanamid”) perpetual rights to use the federal regulatory authority of Fermenta Animal Health Company (“Fer-menta”) to market an animal feed supplement. Cyanamid marketed the drug under the trademark Aureozol. Before the district court, both sides maintained that these documents are unambiguous, although each side differed on what was unambiguously stated therein. The district court held that “the plain language…
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