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LifeScan v. Polymer Technology International

This article was originally published in The Gray Sheet

Executive Summary

Federal appeals court ruling on Oct. 18 overturns a lower court's decision that denied Johnson & Johnson subsidiary LifeScan a preliminary injunction barring Polymer from marketing glucose test strips. The appeals court concludes that the district court order did "not indicate that there was any weighing of the evidence or that there was any attempt to discern the merits of the parties' arguments." The district court must "undertake sufficient fact finding" to "redetermine the merits of LifeScan's preliminary injunction motion," the appeals court notes. The trial on the case is expected to begin in Jan. 1995, LifeScan says. The firm filed suit against Polymer in December 1993 alleging that Polymer's First Choice test strips infringed patents related to Lifescan's One Touch test technology
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