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BEN VENUE LABORATORIES v. NOVARTIS PHARMACEUTICAL

Civ. Nos. 98-2006(WGB), 98-2143 (JAG).

10 F.Supp.2d 446 (1998)

BEN VENUE LABORATORIES, INC., Plaintiff, v. NOVARTIS PHARMACEUTICAL CORPORATION, Defendant.

United States District Court, D. New Jersey.

June 23, 1998.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Green & McRae, LLP by Frederick B. Lacey, Stuart Alderoty, Newark, NJ, Pennie & Edmonds, LLP by Jonathan A. Marshall, Brian D. Coggio, F. Dominic Cerrito, New York City, for Ben Venue Laboratories, Inc.

Shanley & Fisher, PC by John J. Francis, Jr., Morristown, NJ, Fitzpatrick, Cella, Harper & Scinto by Nicholas Kallas, Robert L. Baechtold, Brian V. Slater, New York City, for Novartis Pharmaceutical Corp.

OPINION

BASSLER, District Judge.

Plaintiff Ben Venue Laboratories, Inc., a generic drug manufacturer, moves for a preliminary injunction requiring Defendant Novartis Pharmaceuticals Corp., a brand name drug manufacturer, to remove its patent from the Food and Drug Administration's "Orange Book." Plaintiff subsequently filed a motion for leave to file a supplemental complaint. Defendant has filed a motion to dismiss this action pursuant to Fed.R.Civ...

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