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BRISTOL-MYERS SQUIBB CO. v. TEVA PHARMACEUTICALS USA, INC.

No. 01 Civ.5572(SHS).

288 F.Supp.2d 562 (2003)

BRISTOL-MYERS SQUIBB COMPANY and E.R. Squibb & Sons, LLC, Plaintiffs, v. TEVA PHARMACEUTICALS USA, INC., Defendant.

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

October 27, 2003.

Attorney(s) appearing for the Case

Pasquale A. Razzano, David F. Ryan, Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, New York City, for plaintiffs.

David M. Hashmall, Frederick H. Rein, Keith A. Zullow, Goodwin Procter, LLP, New York City, Henry C. Dinger, Goodwin Procter, LLP, Boston, MA, for defendant.

OPINION & ORDER

STEIN, District Judge.

Plaintiffs Bristol-Myers Squibb Company and E.R. Squibb & Sons, LLC, (collectively "Bristol") bring this patent action pursuant to 35 U.S.C. § 271(e)(2), alleging that defendant Teva Pharmaceuticals, USA, Inc.'s proposed fosinopril sodium tablet formulation, as described in Teva's Abbreviated New Drug Application ("ANDA"), infringes claim 1 of Bristol's United States Patent Number 5,006,344 ("the '344 Patent...

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