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KOS PHARMACEUTICALS, INC. v. BARR LABORATORIES, INC.

No. 02 CV 1683.

242 F.Supp.2d 311 (2003)

KOS PHARMACEUTICALS, INC., Plaintiff, v. BARR LABORATORIES, INC, Defendant.

United States District Court, S.D. New York.

January 21, 2003.

Attorney(s) appearing for the Case

Denise L. Loring, Kenneth B. Herman, Robert B. Wilson, Fish & Neave, New York City, for Plaintiff.

Anne L. Quintal, Winston & Strawn, New York City, Brian L. Franklin, Chicago, IL, for Defendant.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Kos Pharmaceuticals, Inc. ("Kos") filed two actions against defendant Barr Laboratories, Inc. ("Barr"), the first on March 4, 2002 and the second on August 13, 2002, alleging Barr's infringement of Kos's separate patents for certain related drug products. This Court consolidated both actions into one (the "Complaint") by an Order dated September 23, 2002. Prior to the consolidation, Barr filed...

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