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SERONO LABORATORIES, INC. v. SHALALA

Civ. A. No. 97-01227.

974 F.Supp. 29 (1997)

SERONO LABORATORIES, INC., Plaintiff, v. Donna E. SHALALA, et al., Defendants.

United States District Court, District of Columbia.

July 28, 1997.

Attorney(s) appearing for the Case

Bruce S. Manheim, Fox, Bennett & Turner, Washington, DC, for Serono Lab., Inc.

Jeffrey Bruce Chasnow, U.S. Dept. of Justice, Washington, DC, for Donna Shalala and Michael Friedman.

David F. Weeda, Arthur YaShih Tsien, Olsson, Frank & Weeda, P.C., Washington, DC, for Ferring Pharmaceuticals, Inc.

MEMORANDUM OPINION

SPORKIN, District Judge.

This matter is before the Court on Plaintiff's motion for a preliminary injunction. The Court has considered the motion and the opposition thereto and heard argument on July 1, 1997.

The Plaintiff, Serono Laboratories, Inc. ("Serono"), manufacturer of the infertility drug Pergonal, contends that the FDA erred in approving an abbreviated new drug application ("ANDA") which permits Ferring Laboratories...

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