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BRACCO DIAGNOSTICS, INC. v. BERGEN BRUNSWIG DRUG

CIVIL ACTION NO. 01-5777(MLC).

226 F.Supp.2d 557 (2002)

BRACCO DIAGNOSTICS INC., Plaintiff, v. BERGEN BRUNSWIG DRUG CO., Defendant.

United States District Court, D. New Jersey.

September 30, 2002.

Attorney(s) appearing for the Case

James S. Richter, Winston & Strawn, Newark, NJ, Michael P. Roche, Winston & Strawn, Chicago, IL, Attorney for Plaintiff.

Howard D. Scher, Steven E. Bizar, Buchanan Ingersoll, Philadelphia, PA, Attorneys for Defendant.

MEMORANDUM OPINION

COOPER, District Judge.

This matter comes before the Court on the motion of defendant to dismiss Counts I and II of plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated in this Memorandum and Order, the Court will grant the motion to dismiss.

BACKGROUND

Plaintiff Bracco Diagnostics Inc. ("Bracco") develops and markets a variety of health care products, including diagnostic...

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