INVAMED, INC. v. BARR LABORATORIES, INC.

No. 98 Civ. 0861(RWS).

22 F.Supp.2d 210 (1998)

INVAMED, INC., Plaintiff, v. BARR LABORATORIES, INC., Brantford Chemicals Inc., Bernard C. Sherman, Apotex Holdings, Inc., Apotex, Inc., and Sherman Delaware, Inc., Defendants.

United States District Court, S.D. New York.

October 1, 1998.


Attorney(s) appearing for the Case

The Law Office of Frederick R. Dettmer by Frederick R. Dettmer, New York City, for plaintiff.

Lord, Bissell & Brook by Hugh L. Moore, Chicago, IL, Lord, Bissell & Brook by Angelo G. Savino, New York City, for defendants Bernard C. Sherman, Apotex Holdings Inc., Apotex Inc., and Sherman Delaware Inc.


OPINION

SWEET, District Judge.

Defendants Bernard C. Sherman ("Sherman"), Apotex Holdings Inc. ("Holdings"), Apotex Inc. ("Apotex"), and Sherman Delaware, Inc. ("Sherman Delaware") (collectively, the "Affiliates") have moved for partial dismissal of the complaint pursuant to Rules 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. Specifically, the Affiliates have moved to dismiss the following...

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