MEMORANDUM AND ORDER
ANITA B. BRODY, District Judge.
INTRODUCTION
On September 3, 2002, plaintiff Biovail Laboratories, Inc. ["Biovail"] filed a complaint for patent infringement against defendant Torpharm, Inc. ["Torpharm"]. In its complaint, Biovail alleged that Torpharm infringed two of its patents: U.S. Patent No. 5,529,791 [hereinafter "the '791 patent"] and U.S. Patent No. 5,288,505 [hereinafter "the '505 patent"] when Torpharm filed...
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