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  5. 148 F.Supp.2d 27 (2001)
 

MERCK & CO., INC. v. FOOD AND DRUG ADMIN.

No. CIV. A. 01-1343(JR).

148 F.Supp.2d 27 (2001)

MERCK & CO., INC., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants, and Geneva Pharmaceuticals, Inc., Intervenor, and TEVA Pharmaceuticals U.S.A., Inc., Intervenor.

United States District Court, District of Columbia.

June 20, 2001.

Attorney(s) appearing for the Case

Anthony Herman, Bruce N. Kuhlik, Michael S. Labson, Covington & Burling, Washington, DC, Counsel for Plaintiff.

Andrew E. Clark, Office of Consumer Litigation, U.S. Department of Justice, Washington, DC, Eric M. Blumberg, Food and Drug Administration, Rockville, MD, Counsel for Defendants.

David Bentley, Wayne A. Cross, Eamon O'Kelly, Dewey Ballantine LLP, Washington, DC, Counsel for Intervenor Geneva Pharmaceuticals, Inc.

Arthur Y. Tsien, David F. Weeda, Patricia Eggleston Pahl, Olsson, Frank and Weeda, P.C., Washington, DC, Counsel for Intervenor TEVA Pharmaceuticals U.S.A., Inc.

MEMORANDUM ORDER

ROBERTSON, District Judge.

Merck & Co. holds the U.S. patent on the highly successful anti-cholesterol drug lovastatin, which Merck markets as Mevacor®. The patent was to expire on June 15, 2001. On that date, at least two manufacturers of generic equivalents1 were waiting for approval of their applications to market generic versions of Mevacor. On...

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