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AMERICAN BIOSCIENCE v. THOMPSON

No. CIV.A. 00-2247 CKK.

141 F.Supp.2d 88 (2001)

AMERICAN BIOSCIENCE, INC. Plaintiff, v. Tommy G. THOMPSON, et al., Defendants.

United States District Court, District of Columbia.

April 19, 2001.

Attorney(s) appearing for the Case

Arthur YaShih Tsien, Olsson, Frank & Weeda, P.C., Washington, DC, Joseph F. Coyne, Sheppard, Mullin, Richter & Hampton, LLP, Los Angeles, CA, for Plaintiff.

Drake Stephen Cutini, U.S. Department of Justice, Office of Consumer Litigation, John D. Kiser, Richard Melvyn Cooper, Williams & Connolly, Washington, DC, for Defendants.

MEMORANDUM OPINION

KOLLAR-KOTELLY, District Judge.

Before the Court is the Renewed Motion of Plaintiff American BioScience, Inc. ("ABI") for a Temporary Restraining Order or Preliminary Injunction. ABI, which holds a patent related to the anti-cancer drug paclitaxel,1 asks the Court to (1) order the Food and Drug Administration ("FDA") to rescind its approval for a generic version of paclitaxel produced by Intervenor Baker Norton...

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