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PHARMACIA & UPJOHN CO. v. MYLAN PHARMACEUTICALS

No. CIV. A. 1:97-CV-41.

5 F.Supp.2d 399 (1998)

PHARMACIA & UPJOHN COMPANY, Plaintiff, v. MYLAN PHARMACEUTICALS, INC., Defendant.

United States District Court, N.D. West Virginia, Martinsburg Division.

March 31, 1998.

Attorney(s) appearing for the Case

Harry M. Ruvenstein, Gerald Sobel, Steven J. Glassman, Morgantown, WV, Raymond G. Arner, William G. Jameson, Anthony B. Portuese, Kalamazoo, MI, for Plaintiff.

Lucien G. Lewin, Martinsburg, WV, E. Anthony Figg, Minaksi Bhatt, Bart G. Newland, Washington, DC, Roger L. Foster, Morgantown, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

BROADWATER, District Judge.

I. INTRODUCTION

This is a patent infringement action in which plaintiff, Pharmacia & Upjohn Company (Upjohn), alleges that defendant, Mylan Pharmaceuticals Inc. (Mylan), has infringed Upjohn's United States patent 4,916,163 (the '163 patent) relating to certain pharmaceutical formulations of the anti-diabetic drug, glyburide. The action arises in part out of the Drug Price Competition...

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