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SCHERING CORP. v. SCHERING AKTIENGESELLSCHAFT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


November 22, 1988

SCHERING CORPORATION, Plaintiff,
v.
SCHERING AKTIENGESELLSCHAFT and BERLEX LABORATORIES INC., Defendants, SCHERING-PLOUGH CORPORATION, Additional Defendant on the Counterclaim

The opinion of the court was delivered by: FISHER

ORDER ON CONSENT

 CLARKSON S. FISHER, UNITED STATES DISTRICT JUDGE.

 WHEREAS this Court filed an Opinion on August 28, 1987, and an Order thereon granting plaintiff permanent injunctive relief; and

 WHEREAS the Court filed a final judgment on October 30, 1987; and

 WHEREAS the Court filed an Order on January 19, 1988, denying defendants' motion for reconsideration and for a new trial; and

 WHEREAS defendants on February 17, 1988, filed a notice of appeal to the United States Court of Appeals for the Third Circuit from each and every part of the Final Judgment and the January 19, 1988, Order; and

 WHEREAS the United States Court of Appeals for the Third Circuit, 870 F.2d 652, has remanded the case to this Court for the limited purpose of the entry of the within Order on Consent; and

 WHEREAS the parties executed a Settlement Agreement on September 21, 1988, finally resolving all matters in dispute in this litigation, conditioned upon this Court vacating the final judgment and all prior orders entered in this action, and dismissing the claims and counterclaims, it is hereby

 ORDERED, ADJUDGED AND DECREED that:

 

(a) the Final Judgment of this Court and all prior Orders entered in this action are vacated and set aside and shall be of no force or effect; and

 

(b) the complaint and counterclaims are dismissed without prejudice and without costs.

 Dated: Nov. 22, 1988.

19881122

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