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TEVA PHARMACEUTICALS v. FOOD AND DRUG ADMIN.

No. CIV.A.04-1416(RBW).

355 F.Supp.2d 111 (2004)

TEVA PHARMACEUTICALS, INDUSTRIES, LTD., et al., Plaintiffs, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

December 23, 2004.

Attorney(s) appearing for the Case

Theodore C. Whitehouse, Willkie Farr & Gallagher, Benjamin Wallace Jackson, Washington, DC, Ian K. Hochman, William H. Rooney, New York, NY, for Plaintiffs.

Andrew E. Clark, US Dept. of Justice, Office of Consumer Litigation, Washington, DC, for Defendants.

Edward Anthony Figg, Sharon Lynch Davis, Rothwell, Figg, Ernst & Manbeck, PC, Washington, DC, for Movant.

MEMORANDUM OPINION

WALTON, District Judge.

The plaintiffs filed this action to challenge a decision by the Food and Drug Administration ("FDA"), which permits the sale of brand generic drugs 1 during the generic exclusivity period provided for in 21 U.S.C. § 355(j)(5)(B)(iv)(I). Verified Amended Complaint ("Compl") ¶¶ 119-24.2 The parties have filed cross-motions for summary...

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