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AMGEN, INC. v. SCULLY

No. CIV.A. 02-2259(EGS).

234 F.Supp.2d 9 (2002)

AMGEN INC., Plaintiff, v. Thomas SCULLY, Administrator, Centers for Medicare and Medicaid Services, HHS, and Tommy Thompson, Secretary, Department of Health and Human Services. Defendants

United States District Court, District of Columbia.

December 26, 2002.

Attorney(s) appearing for the Case

Jonathan Abram, Hogan and Hartson LLP, Washington, DC, for Plaintiff.

MEMORANDUM OPINION

SULLIVAN, District Judge.

I. Introduction

Plaintiff, Amgen Inc., a company that develops, manufactures and markets biological products, commenced this action against Thomas Scully, the Administrator of the Centers for Medicare and Medicaid Services ("CMS" or "the agency"), and Tommy Thompson, Secretary of the Department of Health and Human Services ("HHS"). On November 15, 2002, plaintiff filed a motion for preliminary injunction...

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