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ANDRX PHARMACEUTICALS v. BIOVAIL CORP. INTERN

Nos. 00-5050 & 00-5396.

256 F.3d 799 (2001)

ANDRX PHARMACEUTICALS, INC., Appellee, v. BIOVAIL CORPORATION INTERNATIONAL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 2001.

Attorney(s) appearing for the Case

Richard J. Leighton argued the cause for the appellant. John B. Dubeck, Douglas J. Behr and Eric H. Singer were on brief.

Louis M. Solomon argued the cause for the appellee. Louis M. Solomon, Colin A. Underwood, Jennifer R. Scullion, Eugene M. Pfeifer, James D. Miller and Peter M. Todaro were on brief.

Before: HENDERSON, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Appellant Biovail Corporation (Biovail) appeals two district court decisions. One dismissed with prejudice its antitrust counterclaim against appellee Andrx Pharmaceuticals, Inc (Andrx). The second denied its motion for reconsideration of the court's dismissal. For the reasons that follow, we affirm the district court's dismissal of the counterclaim...

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