BEN VENUE LABORATORIES v. NOVARTIS PHARMACEUTICAL

No. CIV 99-2006 WGB.

146 F.Supp.2d 572 (2001)

BEN VENUE LABORATORIES, INC., Plaintiff, v. NOVARTIS PHARMACEUTICAL CORPORATION, Defendant. Novartis Corporation, Plaintiff, v. Ben Venue Laboratories, Inc., Defendant.

United States District Court, D. New Jersey.

May 30, 2001.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Green & MacRae, L.L.P. by Frederick B. Lacey, Stuart Alderoty, Michael J. Feldman, Newark, NJ, Pennie & Edmonds, L.L.P. by Jonathan A. Marshall, Brian D. Coggio, F. Dominic Cerrito, New York City, for Defendant, Ben Venue Laboratories, Inc.

Drinker, Biddle & Shanley, L.L.P. by John J. Francis, Jr., Florham Park, NJ. Fitzpatrick, Cella, Harper & Scinto by Robert L. Baechtold, New York City, for Plaintiff, Novartis Pharmaceutical Corp.


OPINION and ORDER

BASSLER, District Judge:

This matter arises out of Ben Venue Laboratories' quest to produce a generic version of the patented bone drug Aredia (R), in the face of vehement opposition by the patent holder, Novartis Pharmaceutical Corporation. The procedural history of this dispute is complex, and every issue that has come before the Court has been hard fought by the litigants. At an oral argument on February 14, 2000 it was brought...

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