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SCHERING-PLOUGH CORP. v. F.T.C.

No. 04-10688.

402 F.3d 1056 (2005)

SCHERING-PLOUGH CORPORATION, Upsher-Smith Laboratories, Inc., a Minnesota corporation having its principal place of business in Minnesota, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Eleventh Circuit.

March 8, 2005.

Attorney(s) appearing for the Case

Laurie Webb Daniel, Holland & Knight, Atlanta, GA, J. Mark Gidley, Christopher M. Curran, Robert D. Paul, White & Case LLP, John W. Nields, Jr., Marc G. Schildkraut, Charles A. Loughlin, Howrey, Simon, Arnold & White, LLP, Washington, DC, for Petitioners.

Imad D. Abyad, John D. Graubert, F.T.C., Washington, DC, for Respondent.

Kenneth Winston Starr, Kirkland & Ellis, LLP, Washington, DC, for Generic Pharmaceutical Ass'n, Amicus Curiae.

Before DUBINA and FAY, Circuit Judges, and GOLDBERG, Judge.

FAY, Circuit Judge:

Pharmaceutical companies Schering-Plough Corp. and Upsher-Smith Laboratories, Inc. petition for review of an order of the Federal Trade Commission ("FTC") that they cease and desist from being parties to any agreement settling a patent infringement lawsuit, in which a generic manufacturer either (1) receives anything of value; and (2) agrees to suspend research, development, manufacture, marketing, or sales of its product for any period of time...

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