Legal Opinion

Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.

District Court, E.D. New York

Decided February 18, 1972No. 70 C 369PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM INCORPORATING FINDINGS of FACT and ORDER on ISSUES of VALIDITY and INFRINGEMENT

DOOLING, District Judge.

Unfortunately, the present memorandum must be long. However, if the trial program sensibly visualized by Graham v. John Deere Co., 1965, 383 U.S. 1, 17-18, 86 S.Ct. 684, 15 L.Ed.2d 545 is to be pursued — and this case peculiarly invites that — length is inevitable. The prior art brought into the case is very extensive and it requires a fairly discursive description to present it fairly. In addition, there are the background and factual investigations of the sequences of events…

2Cases cited38 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. United States v. AdamsSupreme Court of the United States · 1966
  3. Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
  4. Brenner v. MansonSupreme Court of the United States · 1966
  5. General Electric Co. v. Jewel Incandescent Lamp Co.Supreme Court of the United States · 1945

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3Cited by16 opinions

  1. Eli Lilly and Company, Inc. v. Generix Drug Sales, Inc., Caribe Chemical Company, Inc., Ellencee Pharmaceutical Laboratories, Inc., (Three Cases)Court of Appeals for the Fifth Circuit · 1972
  2. Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, IncCourt of Appeals for the Third Circuit · 1976
  3. Carter-Wallace, Inc. v. William N. Otte, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1973
  4. A. T. Cross Company v. Jonathan Bradley Pens, Inc.Court of Appeals for the Second Circuit · 1972
  5. Eli Lilly & Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980

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