SCHERING CORP. v. FOOD AND DRUG ADMIN.

Civ. No. 93-3493 (HLS).

866 F.Supp. 821 (1994)

SCHERING CORP., Plaintiff, v. FOOD AND DRUG ADMINISTRATION, Defendant.

United States District Court, D. New Jersey.

April 26, 1994.


Attorney(s) appearing for the Case

Matthew P. Boylan, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, Robert P. Reznick, Hughes Hubbard & Reed, Washington, DC, for plaintiff.

Michael A. Chagares, Asst. U.S. Atty., Newark, NJ, Gerald C. Kell, Susan Strawn, Office of Consumer Litigation, Civ. Div., U.S. Dept. of Justice, Washington, DC, for defendant.


OPINION

SAROKIN, District Judge.

Before the court are plaintiff's motion for summary judgment and defendant's cross-motion for judgment on the pleadings.

Background

Schering Corporation ["Schering"], a manufacturer of certain "pioneer" drug products,1 brings this action to challenge the Food and Drug Administration's ["FDA"] 1992 regulation under which generic competitors of pioneer drugs are approved...

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