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GLAXO OPERATIONS UK LTD. v. QUIGG

Civ. A. No. 88-1487-A.

706 F.Supp. 1224 (1989)

GLAXO OPERATIONS UK LIMITED, Plaintiff, v. Donald J. QUIGG, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

February 17, 1989.

Attorney(s) appearing for the Case

Paula M. Potoczak, Asst. U.S. Atty., Alexandria, Va. (Fred E. McKelvey, Sol., John C. Martin, Assoc. Sol., Arlington, Va., of counsel), for defendant.

Richard E. Fichter, Bacon & Thomas, Alexandria, Stuart J. Land, Donald O. Beers, John Agar, David E. Korn, Arnold & Porter, Washington, D.C., for plaintiff.

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction1

In this suit for declaratory and injunctive relief, plaintiff, the holder of a patent for an orally-administered antibiotic drug, challenges the denial of its application for a patent term extension pursuant to the Drug Price Competition and Patent Restoration Act of 1984 (the "Act").2 Title II of

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