MEAD JOHNSON PHARMACEUTICAL GROUP, MEAD JOHNSON & COMPANY, Appellant,
v.
Otis R. BOWEN, Secretary of H.H.S., et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 25, 1988.
Decided February 12, 1988.
Attorney(s) appearing for the Case
Alan H. Kaplan, with whom Thomas O. Henteleff and Peter R. Mathers, were on the brief, for appellant.
Jacqueline H. Eagle, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., Thomas Scarlett, Chief Counsel, and David G. Adams, Associate Chief Counsel, Food and Drug Admin., and Margaret A. Cotter, Atty., Dept. of Justice, were on the brief, for appellees. Kenneth L. Jost, Atty., Dept. of Justice, also entered an appearance for appellees.
Before EDWARDS, BUCKLEY and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
Mead Johnson Pharmaceutical Group ("Mead") appeals from a judgment of the District Court, 655 F.Supp. 53, upholding the Food and Drug Administration's ("FDA") denial of a citizen petition filed by Mead. At issue is whether Mead is entitled to a ten-year period of nonpatent exclusivity...
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