Merck & Co., Inc. V. Biocraft Laboratories, Inc
Merck & Co., Inc. v. Biocraft Laboratories, Inc., 690 F.Supp. 1376 John J. Francis, Jr., Shanley & Fisher, Morristown, N.J., Joseph M. Fitzpatric, Nicholas M. Cannella, Lawrence Alaburda, Salvatore C. Mitri, Fitzpatrick, Cella, Harper & Scinto, New York City, for plaintiff. Glenn A. Clark, Riker, Danzig, Scherer, Hyland & Perretti, Newark, N.J., Donald R. Dunner, Robert D. Bajefsky, Carol P. Einaudi, Sylvia Blickstein, Legal Asst., Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., for defendant. OPINION POLITAN, District Judge. Plaintiff, Merck & Co., Inc. ("Merck") is a corporation duly organized and existing under the laws of the State of New Jersey. Merck's principal place of business is at 126 Lincoln Avenue, Rahway, New Jersey. Defendant, Biocraft Laboratories, Inc. ("Biocraft") is a corporation duly organized and existing under the laws of the State of Delaware. Biocraft's principal place of business is at 92 Route 46, Elmwood Park, New Jersey. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1338(a). The parties hereto stipulate that each is subject to personal jurisdiction in the United States District Court for the District of New Jersey. Venue is proper in this district by virtue of 28 U.S.C. § 1400(b). Since its issuance, Merck has been the owner by assignment of the entire right, title and interest in the following United States Letters Patent: Number: 3,781,430 (hereinafter referred as to `430"), Issue Date: 12/25/73, Expiration Date: 12/24/90, Applicant: Edward J. Cragoe, Jr., Title: Diuretic Formulations. The validity of this patent is the subject matter of this litigation.
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