TEVA PHARMACEUTICALS USA v. FOOD AND DRUG ADMIN.

No. CIV.A. 051469JDB.

398 F.Supp.2d 176 (2005)

TEVA PHARMACEUTICALS USA, INC. Plaintiff, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants, Apotex Inc., Intervenor-Defendant.

United States District Court, District of Columbia.

October 21, 2005.


Attorney(s) appearing for the Case

Jay P. Lefkowitz, Kirkland & Ellis LLP, John Caviness O'Quinn, Kirkland & Ellis, LLP, Steven Andrew Engel, Kirkland & Ellis, LLP, Washington, DC, for plaintiff.

Andrew E. Clark, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, Jeffrey Bucholtz, U.S. Department of Justice, Washington, DC, for defendants.

Arthur Y. Tsien, Olsson, Frank and Weeda, PC, Washington, DC, Christine J. Siwik, Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL, Olsson, Frank & Weeda, P.C., Washington, DC, William A. Rakoczy, Rakoczy Molino Mazzochi, LLP, Chicago, IL, for intervenor-defendants.

Theodore C. Whitehouse, Willkie Farr & Gallagher LLP, Washington, DC, for amicus curiae.


MEMORANDUM OPINION

BATES, District Judge.

Plaintiff Teva Pharmaceuticals USA, Inc. ("Teva"), has sued defendant Food and Drug Administration ("FDA"), and defendants Michael O. Leavitt and Lester M. Crawford in their official capacities as the Secretary of Health and Human Services and the Commissioner of Food and Drugs, respectively. This action is the latest step in an ongoing dispute relating to whether...

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