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KOS PHARMACEUTICALS, INC. v. ANDRX CORP.

No. 03-3977.

369 F.3d 700 (2004)

KOS PHARMACEUTICALS, INC., Appellant v. ANDRX CORPORATION; Andrx Laboratories, Inc.

United States Court of Appeals, Third Circuit.

May 24, 2004.

Attorney(s) appearing for the Case

Richard W. Young (Argued), Liisa M. Thomas, Nicole M. Murray, Gardner Carton & Douglas LLP, Chicago, Mark S. Olinsky, James M. Hirschhorn, Sills Cummis Radin Tischman Epstein & Gross, P.A., Newark, for Appellant.

Allyn Z. Lite (Argued), Joseph J. DePalma, Michael E. Patunas, Lite DePalma Greenberg & Rivas, LLC, Newark, James V. Costigan, Martin P. Endres, Kathleen A. Costigan, Hedman & Costigan, P.C., New York, for the Appellees.

Before SLOVITER, NYGAARD, Circuit Judges, and OBERDORFER, District Judge.

OPINION OF THE COURT

OBERDORFER, Senior District Judge.

This is an appeal from the denial of preliminary relief in a trademark infringement action. Plaintiff-appellant Kos Pharmaceuticals, Inc. ("Kos") owns the mark ADVICOR, which it uses in connection with cholesterol-altering drugs available by prescription. Kos sought a preliminary injunction preventing defendants-appellees Andrx Corporation and Andrx Laboratories, Inc. (collectively, "Andrx") from using...

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