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MUTUAL PHARMACEUTICAL CO., INC. v. PFIZER, INC.

Civil Action No. 03-1116 (RMU).

307 F.Supp.2d 88 (2004)

MUTUAL PHARMACEUTICAL COMPANY, INC., Plaintiff, v. PFIZER, INC., Defendant.

United States District Court, District of Columbia.

March 24, 2004.

Attorney(s) appearing for the Case

Jeremy M. Jay, Leydig, Voit & Mayer, Washington, DC, for Plaintiff.

Francis A. Vasquez, Jr., Frank Panopoulos, White & Case, LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION

URBINA, District Judge.

GRANTING THE DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

This case comes before the court on the defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiff Mutual Pharmaceutical Company, a generic drug manufacturer, seeks a declaratory judgment declaring that its product does not infringe the patent of defendant Pfizer, a pioneer drug manufacturer....

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